Friday, October 20 & Saturday, October 21
Co-sponsored by The Center for the Study of International Business Law and the Brooklyn Journal of International Law
In 1996, the Brooklyn Journal of International Law published a path-breaking symposium volume entitled “Bankruptcy in the Global Village.” The symposium was organized by the late Professor Barry Zaretsky at a time when efforts to regularize and harmonize international bankruptcy law and practice were in their relative infancy. The articles published in that symposium volume proved influential and helped shape international lawmaking efforts that were then under way. Since that time, the UNCITRAL Model Law on Cross-Border Insolvencies has been enacted in the United States (as Chapter 15 of the Bankruptcy Code) and the EU Regulation on Insolvency Proceedings has gone into force. Both of these measures seek to harmonize bankruptcy practice for cross-border cases. Other relevant UNCITRAL projects have fostered harmonization of national insolvency and secured transactions law and have created an international law governing receivables financing.
This symposium honors Professor Zaretsky by considering developments in international bankruptcy law and international secured financing since 1996 from four related perspectives: efforts to create a set of harmonized procedures for handling cross-border insolvencies; efforts to harmonize or standardize the substantive law of insolvency and secured credit; the role of choice of law principles in harmonization efforts; and reflections on the various institutional processes for international insolvency and secured credit lawmaking. We will look back and look forward, taking stock of recent developments and plotting a course for the future.
Papers from this symposium will be published in the Brooklyn Journal of International Law.