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10 Insolvency Law Indicators and Risks

From: Governing Law Risks in International Business Transactions

Philip R. Wood

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Termination/unwinding of contract — Applicable law — Insolvency clauses and damages — All risks

This chapter discusses why insolvency law shows the credentials of a jurisdiction and describes methods of risk mitigation. The chapter explains the essentials of insolvency law through the use of work-outs, judicial rescue proceedings, and final liquidations, and including governing law under the EU Insolvency Regulation 2015 and the UNCITRAL Model Law. As key indicators, it chooses the three triple super-priority insolvency claims of insolvency set off, security interests, and commercial trusts, as well as other indicators such as the bankruptcy ladder of priorities, prohibitions on contract and lease terminations, entry criteria, the revocation of preferences, and encouragement of private work-outs.

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