WP 3 Enterprise Groups

Introduction

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Chair(s):

Nora Wouters

Prof. Stephan Madaus


Current  Projects

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Past Projects

  • A Reply on the UNCITRAL’s Model Law on Enterprise Groups Insolvency
    CERIL highlights the recent work of UNCITRAL on a Model Law on Enterprise Group Insolvency (MLG). Following a prior consultation in 2019 – to which CERIL and the European Law Institute (ELI) made a joint contribution – this report analyses the amendments made in the final text, as adopted by UNCITRAL’s Commission in July 2019. In line with recommendations made in the CERIL-ELI Report 2019-1, the multiple amendments were incorporated contributing to a more effective functioning of the UNCITRAL Model Law on Enterprise Group Insolvency.

    Reporters: Nora Wouters and Prof. Stephan Madaus
    Research Associate: Ilya Kokorin

    This project resulted in:
     - CERIL Statement 2019-3 on A Reply to UNCITRAL’s Model Law on Enterprise Group Insolvency

  • UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency
    This Working Group of CERIL investigated in cooperation with the European Law Institute (ELI) the structure and text of the UNCITRAL draft model on enterprise group insolvency, in order to amend, modify or clarify its text to be ready to enact as a national law. It proposes seventeen recommendations to amend the draft model law as suggested in this Report. These recommendations are focusing on essential definitions (such as planning proceeding), the scope of the envisaged draft model law (international jurisdiction), the improvement of suggested provisions of cooperation and coordination, the criteria for appointment of an insolvency representative or a group representative, the participation of group members in certain procedures, the organisation of planning proceedings as well as the possibility of providing an undertaking in relation to certain proceedings or claims.

    Reporters: Nora Wouters and Prof. Stephan Madaus

    Research Associate: Ilya Kokorin

    The project resulted in:
    - CERIL Statement 2019-1 on the CERIL-ELI Report on UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency
    - CERIL-ELI Report 2019-1 on UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency



Conferees part of this Working Party:

WP 03 Enterprise Groups

Michal Barlowski -
Pavel Boulatov -
Kathlene Burke -
Jasnica Garašić -
Francisco Garcimartin -
Ivan Ikrényi -
Marie KT Karlsson-Tuula -
Antonio Leandro -
Stephan Madaus -
Myriam Mailly -
Renato Mangano -
Elina Moustaira -
Nicoleta Mirela Năstasie -
Christoph Paulus -
Juana Pul Pulgar -
Rodrigo Rodriguez -
Jessica Jasmin Kerstin Schmidt -
Dominik Skauradszun -
Petr Sprinz -
Adrian Thery -
Joeri Vananroye -
Reinout Vriesendorp -
Bob Wessels -
Nora Wouters -
Oleg Zaitsev -
Đuro M. Đurić -