Contents »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
Contents—Summary »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
1 Introduction »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
This book discusses the law of set-off in thirty-four jurisdictions and the different approaches used to deal with the right of set-off where parties are solvent, where a party is insolvent and where parties operate across borders. Set-off refers to the right to reduce or fully discharge a monetary obligation owed by a debtor against a claim owed to the debtor such that only the balance remains. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including insolvency or bankruptcy laws. Set-off has emerged as an important tool in the negotiation of financial and commercial contracts and in dispute resolution. This introduction provides an overview of set-off, with a particular focus on set-off between solvent parties and set-off against insolvent parties. It also considers conflict of laws and cross-border issues arising in set-off against solvent parties and insolvent parties.
17 Ireland »
William Johnston
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
This chapter discusses the law of set-off in Ireland. Under Irish laws, a set-off agreement serves as a mechanism for a lender to take effective security over a customer's account with it. Set-off may be considered a self-help remedy that prevents uncertainty when enforcing security against persons. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, cash management (pooling) arrangements, and security interests. It then examines the effect of a mareva injunction on the validity of the right to set-off or security before proceeding with an analysis of set-off against insolvent parties. The rule against double proof is explored, along with set-off on winding-up, set-off in financial contracts, and financial collateral arrangements. The chapter concludes with an assessment of cross-border issues arising from the right of set-off.
List of Contributors »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
Preface »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
Summary of Set-Off Law in the Countries Covered in this Book »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
Table of Cases »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
Tables of Legislation »
William Johnston, Thomas Werlen, Frederick Link
From: Set-Off Law and Practice: An International Handbook (3rd Edition)
Edited By: William Johnston, Thomas Werlen, Frederick Link
