Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid 19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2020.
Due to the uncertainty of the Covid 19 virus after 1 September 2020, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2020 may only be done with the approval and consent of the Faculty Board.
COURSE DESCRIPTION
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. In addition, the course will deal with international instruments on cross-border insolvency, this will include particularly the UNCITRAL Model Law on Cross-Border Insolvency of 1997.
CONTACT
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
E: iccl@law.leidenuniv.nl
COURSE COORDINATOR
Mr. Gert-Jan Boon
T: +31 71 527 7939
j.m.g.j.boon@law.leidenuniv.nl
METHOD OF INSTRUCTION
Online: Lectures
EXAMINATION
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.
COURSE REQUIREMENTS
Full degree in law granting access to the legal profession (or equivalent).