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Seventh Multinational Judicial Colloquium on Insolvency

Cape Town, South Africa
March 17-18, 2007

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The World Bank’s Legal Vice Presidency, INSOL and UNCITRAL hosted the Seventh Multinational Judicial Colloquium on Insolvency, which took place in Cape Town, South Africa, on 17-18 March 2007.

Sir Gavin Lightman, High Court of Justice England and Wales and Colloquium Chair, delivered the opening remarks. Neil Cooper, Past-President of INSOL International, Jenny Clift, Senior Legal Officer, Head, Technical Assistance and Coordination International Trade Division, UNCITRAL, and Mahesh Uttamchandani, Senior Counsel and Head of Global Insolvency and Creditor Rights Initiative, World Bank, also addressed welcoming remarks to the 65 participants (List of Participants) from 40 different countries who came together at the Cape Town International Convention Centre.

Please click here to see the final evaluation session.

Several topics (Agenda) were discussed over a number of panels, namely:

  • The UNCITRAL Protocol Development Project– Jenny Clift presented a report on the meeting of the UNCITRAL Expert Group of Judges (Vienna, October 2006). The Colloquium participants vividly discussed on the development by the international community of standard protocols for judges to use in implementing communication between courts.
  • Implementing Judicial Co-operation in Cross-Border Cases – Sir Gavin Lightman chaired this panel at which Reginald Barrett, Supreme Court of New South Wales, Australia, Aida Kemelmajer de Carlucci, Supreme Court of Justice of Mendoza, Argentina, Burton Lifland, U.S. Bankruptcy Court Southern District of New York, USA, and Michiel Werkhoven, District Court Zwelle-Lelystad, The Netherlands, discussed how judges from different legal systems can engage in direct co-operation on cross-border insolvency cases.
  • Practical Issues in Restructurings Across the Economic Divide – Two panels analyzed how to navigate through the issues that arise in multi-jurisdictional insolvencies where the parent company is in a developed economy and the production units are in developing countries. Louise DeCarl Adler, U.S. Bankruptcy Court Southern District of California, USA, Aarif Tyebjee Barma, High Court of the KKSAR, Hong Kong, and Barbara Romaine, Court of Queen’s Bench of Alberta, Canada, considered the problems that arise from the point of view of the nation requesting assistance.  Sidnei Beneti, Justice Tribunal of Sao Paulo, Brazil, Manmohan Sarin, High Court of Delhi, India, and R. Nwodo, Federal High Court, Nigeria, debated the same subject from the point of view of the nations receiving requests for assistance.
  • ADR in Insolvency Proceedings – Complementing earlier discussions had at the Global Judges Forum 2006, this panel dealt with practical applications for alternative dispute resolution mechanisms in highly contested and time-sensitive insolvency matters. Arthur Gonzalez, U.S. Bankruptcy Court Southern District of New York, USA and José Raúl Torres Kirmser, Supreme Court of Justice, Paraguay, presented on the established practices in this area in their respective countries. Adolfo Rouillon, Senior Counsel of the World Bank’s Finance, Private Sector & Infrastructure Group and former President of the Court of Appeals in Rosario, Argentina chaired the panel and presented results of a survey on the Colloquium topics (Powerpoint Presentation).
  • Legal Reform and Development Programs – Mahesh Uttamchandani provided judges with an opportunity to inform and evaluate the reform agenda of the World Bank and to provide feedback on the Insolvency and Creditor Rights ROSC process (Powerpoint Presentation).

    In advance to the sessions, a number of judges representing countries from different regions completed a country report on the development of national judicial approaches in the areas discussed at the Colloquium.  A Survey with relevant data provided by 19 country reports (Argentina, Azerbaijan, Brazil, Burkina Faso, Cameroon, Chile, China, Croatia, Dominican Republic, Malaysia, Nepal, Nigeria, Pakistan, Paraguay, Poland, Senegal, Tanzania, Tunisia and Uganda) was presented to the Colloquium attendees.

    Sir Gavin Lightman coordinated the evaluation session.  The assessment of the Colloquium proceedings was carried out by Arthur Gonzalez, Ian Kawaley, Supreme Court of Bermuda, Sarmad Osmany, Sindh High Court, India, and Willie Seriti, South African Law Reform Commission, Republic of South Africa.

 

 

 

 

 

 

 

 




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