The course in International Insolvency Law (IIL) aims to give students profound knowledge and thorough insight in the theory and practice of insolvency law in a transnational and comparative context. The importance of studying insolvency in an international context has increased significantly over the past decades, with globalization of business turning insolvency into an international affair. Especially in times of economic recession or of crisis – as we are currently experiencing on a global scale – an increase of business failures can be observed in which cross-border elements crop up. Many creditors as well as assets of a company are nowadays located in different jurisdictions. The international setting in which such creditors operate has added complexity to the way in which they can make their claims effective.
The IIL course focuses on the concept of insolvency in a broad sense (including out-of-court workouts, pre-packs, reorganisation, winding-up, and bankruptcy) and the ways in which corporate insolvency is regulated by legislation or by other means, including soft law instruments.
The course will start with the principles of insolvency, the main actors in insolvency proceedings and the theoretical framework for cross-border insolvency, etc.). The understanding of these “insolvency basics” will create a foundation for a more solid study of international (cross-border) insolvency law.
In this course the emphasis is placed on corporate debtors (consumer insolvency may be referred to briefly) and the effectiveness of mechanisms for dealing with cross-border restructuring and insolvency proceedings on a global scale. The emphasis will be on the insolvency framework of the European Union. The course will also deal with the international instruments on cross-border insolvency, such as the UNCITRAL Model Law on Cross-Border Insolvency of 1997.
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
Mr. Gert-Jan Boon
T: +31 71 527 7939
METHOD OF INSTRUCTION
Lectures and case studies.
Written exam (75%)
Written assignment (25%)
For all assessments the grade should be at least 5,5 in order to complete the course successfully.
There will be a retake for each assessment.
Full degree in law granting access to the legal profession (or equivalent).