5-6 FEBRUARY 2015
INTERNATIONAL
INSOLVENCY
CONVENTION
BRUSSELS
 
 

Conference on International Law

Friday 6th February 2015
International Conference in English

 

The registered foreigners will probably choose this session while national practitioners will be able to choose to follow the entire national Belgian day that will be held in parallel or to follow specific conferences of both sessions following their interest. This conference and the texts are mainly held in English without simultaneous translation.
 

How to implement cooperation between practitioners from different jurisdictions?
The cooperation between national proceedings: application and obstacles

The regulation calls for the cooperation or the coordination as numerous practitioners (judges, trustees, lawyers) or creditors (banks, public institutions) or even workers don’t know anything about national procedures that could be applicable. Nor the rules that could guide cooperation between trustees or judges, nor the applicable rules to the order in which debts are paid. The regulation would allow involvement of the principal trustee to pay the creditors of local procedures in the principal procedure or even to pay creditors of other legal persons belonging to the same group according to a plan that could exclude their natural rights.

In Europe there is no work containing an actual description of these national rights under a transnational perspective. There is a work on American level that has seen a nice success of diffusion (on this this website).

The goal of this day is to reunite as many national contributions as possible according to a strict plan assuring a certain comparison between the applicable rights. These contributions should give practitioners practical answers in order to allow them to cooperate, what implies a certain knowledge and comprehension of the other national rights.

Every author (judge, trustee, and lawyer) will expose their respective national law in 20 pages. A limited number of speakers will present the work (according to the time available). The work and the conference will be open to speakers outside the EU who have integrated the Uncitral model law (like the US for example) or are yet to do so (like Switzerland, China, and Brazil). A presentation of the cooperation within the Uncitral model will also be assured.

The volume of +/- 250 pages will be completed during the next seminars containing new jurisdictions, new subjects or updates in order to remain a permanent practical tool.

 

Morning Chairman: Francisco LACASA

08:30 Welcome
 
09:00 – 09:25Presentation of the questions
 
09:25 – 09:50France
Jean BARON – Judicial administrator, Paris

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

09:50 – 10:15Luxembourg
Nicolas BERNARDY – Brucher Thieltgen & Partners, Lawyer at the court of Luxembourg.

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

10:15 – 10:40Netherlands
Nico TOLLENAAR – Amsterdam

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

10:40 – 11:00Coffee break

11:00 – 11:25Spain
Francisco LACASA – CEO, AGM Abogados, Madrid, Barcelona

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

11:25 – 12:00Germany
Jochen BRINKMANN – Managing Partner, hww Unternehmensberater GmbH

  1. The ESUG – New Rules for an Old Game?
  2. Empirical Results on Acceptance and Practical Relevance

12:00 – 12:30Debate and Questions

12:30 – 14:00LUNCH

Afternoon Chairman: Jean Luc VALLENS

14:00 – 14:25The guide for cooperation between jurisdictions, by universities of Leiden and Nottingham
Bob WESSELS – Professor at the University of Leiden

  1. Purpose of this guide
  2. Recommendations for courts

14:25 – 14:45The UNCITRAL Rules concrete applications
Jean Luc VALLENS – Judge at the court of appeal of Colmar, Professor at University of Strasbourg and private expert of the commission

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

14:45 – 15:10The cooperation between the U.S. and Europe looked at from a European Lawyer
Dr. Christof SCHILLER – Lawyer, Tax-Consultat-CPA (USA), Wellensiek Lawyers, Heidelberg

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

15:10 – 15:40Cooperation: How to implement – the practice from Belgian law and proposed solutions
From Yves BRULARD – IIC, Lawyer at DBB Brussels, private expert of the European Commission, lecturer at Cefiad (UCL Mons)

  1. Is the cooperation between judges possible?
  2. What is the value of the involvement of the principal trustee?
  3. How to combine the rights of creditors?

15:40 – 16:00Coffee break

16:00 – 16:25Chinese regulations
Jack CHEN – Lawyer, DBB Brussels

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

16:25 – 16:45The systems of Northern Africa in the light of Islamic tradition
Yassine YOUNSI – Lawyer at the Court of Appeal, Bar of Tunisia.

  1. Review of applicable procedures
  2. Cooperation between jurisdictions: means and limits
  3. The rights of the creditors: securities and ranks

16:45 – 17:00Debate and Questions

17:00GENERAL CONCLUSIONS – TOGETHER WITH NATIONAL CONFERENCE PARTICIPANTS
Ivan VEROUGSTRAETE – Honorary President of the Belgian Supreme Court

What would be the necessary reforms of the Belgian Act under the new regulation?
Should an international regime be incorporated in insolvency laws?
How to enable cooperation between practitioners and between courts?