2008 Volume 11 No 1
This first issue of 2008 has a commercial and business law flavour with a distinct emphasis on cross-border insolvency.
· Ian Fletcher of University College London opens the offerings with a discussion of a feasibility study on the global acceptance of the NAFTA Principles of Cooperation and the Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases developed by the American Law Institute and the International Insolvency Institute.
· Harry Rajak of the University of Sussex comparatively illuminates the shift brought about in various jurisdictions by legislation towards the personal liability of company directors and officers for shortfalls in the event of the insolvency of a company.
· Bob Wessels of the University of Leiden next deals with the EU model for managing cross-border insol-vencies, which is based on well known theories of private inter-national law with reference to recent leading judgments of the European Court of Justice.
· The proposed South African model of corporate rescue in the event of insolvency is thoroughly compared with the existing Australian model by Colin Anderson of the Griffith University Business School in Australia.
· Reinout Vriesendorp of the Faculty of Law of the University of Tilburg then argues that more creditor involvement in the appointment of bankruptcy trustees is not required or desired. He approaches the subject from a Netherlands perspective, but also provides comparative perspectives.
· Finally Paul Omar, inter alia Barrister of Gray’s Inn compares the law and current developments in relation to cross-border insolvency particularly relating to foreign companies in Singapore and Malaysia.
9 April 2008
Prof Leonie Stander