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EXECUTORY CONTRACTS IN INSOLVENCY LAW

A Global Guide

JASON CHUAH, EUGENIO VACCARI

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
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EDITORS AND CONTRIBUTORS

EDITORS

Jason Chuah is Professor of Maritime Law and Head of Department at The City Law School, City, University of London and was the holder of the Cambridge Commonwealth Trust Award, Barclays Bank Scholarship and the Cambridge Commonwealth Fellowship at the University of Cambridge. He has published well over 200 articles and is the author of ten books, including the co-authored Encyclopaedia of Banking Law, (with Sir Peter Cresswell, Sir William Blair, Philip Wood, Richard Hooley, George Walker, etc.) and Butterworth’s Banking Law Guide (with Mark Howard QC and Roger Masefield QC).

Professor Chuah is editor of several international journals, including the Journal of International Maritime Law, International Company and Commercial Law Review, International Trade Law and Regulation, Shipping & Trade Law, International Transport Law Review, and Finance & Credit Law. He has served on research councils in the UK, South Africa, Canada and Colombia. His work has been cited by tribunals and institutions in the UK, US, EU and Asia.

Eugenio Vaccari is a lecturer at the University of Essex. He obtained his LL.B. from the University of Modena (Italy), a PG Cert. from the University of Bologna (Italy), his LL.M. from the LSE and he completed his Ph.D. at City, University of London.

Eugenio is a qualified Italian lawyer specialising in corporate insolvency law. He is an active member of several leading institutions in the field, including INSOL International, INSOL Europe and the Insolvency Lawyers’ Association [UK]. Eugenio’s main areas of interest are the theoretical and conceptual underpinnings of corporate insolvency law and the discipline of executory contracts in corporate insolvency cases.

CONTRIBUTORS

Scott Abel is a partner at Buddle Findlay, specialising in insolvency and debt restructuring, corporate and secured finance, and specialist personal property security and credit recovery advice. He advises and has acted for domestic and foreign banks, financial institutions, insolvency professionals and other organisations on receiverships, liquidations, administrations and workouts. In 2015, he became the first New Zealander to pass the INSOL Global Insolvency Practice Course and be recognised as a Fellow of INSOL International.

Vanessa Buttafuoco qualified as a lawyer in Germany in September 2016 (2. Staatsexam). She studied Law at Leibniz Universität in Hanover, Germany specialising in European Union Law and Public International Law and passed the 1. Staatsexamen in Lower Saxony in September 2012.

In 2014 she successfully completed her Master’s degree (LL.M) at the London School of Economics and Political Science, specialising in European law. She currently works for Volkswagen AG in the Group Legal Department – Product Safety and Product Defense.

José Carles is a multilingual lawyer admitted to practice in Spain, shortlisted for Global Restructuring Review’s 40 under 40 (worldwide, 2016). Co-founder and partner of the Spanish legal boutique Carles Cuesta Abogados (top 100 law firm worldwide in Restructuring and Insolvency, GRR 100, 2018) after his experience at Garrigues Restructuring and Insolvency team (Madrid) and UBS Investment Bank (London).

Member of the Cross-border Corporate Insolvency and Commercial Law Research Group from The City Law School (London) and of INSOL EUROPE. Master in Company Law from Centro de Estudios Garrigues and Harvard Law School, BA in Law (ICADE) and BSc in Business Administration (ICADE).

Professor in restructuring and insolvency law at ICADE, Universidad CEU San Pablo and Centro Universitario Villanueva and author of articles and reviews in specialist legal journals such as Global Restructuring Review or Anuario de Derecho Concursal (Journal on Bankruptcy Law).

He also has extensive experience directing and teaching programmes and seminars in prisons and detention centres aimed at social rehabilitation.

Christian Chamorro-Courtland is a Lecturer in Business Law at the University of Sydney Business School. He has a Bachelors (LL.B.) (2007) and Masters of Law (LL.M.) (2008) from King’s College London (specialised in commercial and financial law), and he completed his doctoral studies in commercial, financial and banking law at Osgoode Hall Law School, York University (Canada) (2012). His Ph.D. thesis analysed the legal aspects and operations of central counterparty (CCP) clearing systems. He has nine years of international experience teaching business law subjects, including at York University, Zayed University (UAE) and Deakin University (Australia). He has special interests in CCPs and clearing and settlements systems, payment systems, fintech, consumer protection, financial regulation and legal issues concerning the international financial markets.

Carlos Cuesta is a lawyer admitted to practice in Spain, a research fellow of the Chair of Financial Markets Law of Universidad CEU, San Pablo and co-founder of Spanish legal boutique Carles Cuesta Abogados (top 100 law firm worldwide in Restructuring and Insolvency, GRR 100, 2018) after working as a lawyer in Garrigues Restructuring & Insolvency team (Madrid).

Master in Company Law from Centro de Estudios Garrigues and Harvard Law School. Legal and business studies at KÆbenhavns Universitet (Denmark), IESE Business School Fundación para la Investigación del Derecho y la Empresa. BA in Law (Universidad CEU, San Pablo).

Professor in restructuring and insolvency law at ICADE, Universidad CEU San Pablo and Centro Universitario Villanueva and author of articles in specialist legal journals and compilations such as the Banking Market Code (Agencia Estatal Boletín Oficial del Estado) or the Judiciary, Notary, Registry and Doctrine Commentary on the Law on Corporations.

He also has extensive experience directing and teaching programmes and seminars in prisons and detention centres aimed at social rehabilitation.

Rolef de Weijs is Professor of National and International Insolvency at the University of Amsterdam. He is also a Visiting Professor at Riga Graduate School of Law in Latvia.

Professor de Weijs holds a Master in law and philosophy degree from Groningen University and an LL.M. degree from Harvard Law School. He also participated in the Japan Prize Winners’ Programme.

De Weijs specialises in property law, insolvency law, corporate law and corporate finance. He teaches the courses of insolvency law (insolventierecht), critical analyses of corporate finance and insolvency law and also business organization and corporate finance law as part of the Master in law and finance degree.

De Weijs practices law as an attorney and a court appointed trustee in bankruptcy at Houthoff, a law firm in Amsterdam. He is also the chair of NACIIL (Netherlands Association for Comparative and International Insolvency Law).

Indrajit Dube is a Professor in the Rajiv Gandhi School of Law at IIT, Kharagpur, India. Indrajit completed his doctorate at the University of Calcutta and has published extensively in the area of corporate law and governance. He has acted as a consultant to many government-funded bodies in India and has been a visiting academic at the University of British Columbia and the University of Western Ontario. He is also an ATEX Fellow 2018 at School of Business and Taxation, UNSW, Sydney.

Jasnica Garašić is a full Professor at the Faculty of Law of the University of Zagreb, where she teaches civil procedure law, insolvency law and arbitration law. She was granted a scholarship by the German Academic Exchange Service (DAAD) at the ‘Max-Planck Institute for Comparative and International Private Law’ in Hamburg and received a Ph.D. from the University of Hamburg for a thesis on international insolvency law (2004, summa cum laude). She was a Fulbright visiting scholar at the School of Law of the University of Texas at Austin (2007/2008).

Jasnica has been a delegate of the Republic of Croatia to the UNCITRAL’s Working Group V for Insolvency Law since 2004. She cooperated with the Croatian Ministry of Justice on preparation of the Croatian Bankruptcy Acts of 1996 and 2015 as well as the Consumer Bankruptcy Act of 2015. She is a member of INSOL Europe.

Karolina Gasparkė is a Lithuanian lawyer. She holds a Master’s degree in Law from Vilnius University (specialised in commercial law). She also studied law at Utrecht University, the Netherlands specialising in European Union law and public international law. Karolina did an internship in the General Court of the European Union in 2013.

Karolina is Associate at BNT Attorneys-At-Law Vilnius office (Lithuania). She specialises in the fields of commercial, corporate and insolvency law, with a special focus on cross-border insolvency. Karolina is also a member of BNT Attorneys-At-Law Insolvency and Corporate Restructuring practice group.

Before joining BNT Attorneys-At-Law Vilnius office, she practiced with another leading law firm in the Baltics. Karolina is also a board member of the Lithuanian Young Lawyers Association.

Georgi Valentinov Georgiev is Assistant Professor in Corporate and Commercial Law at Sofia University in Bulgaria. He graduated from Sofia University in 2010. In 2012 he obtained a Master’s degree in international business law at King’s College London where he specialised in the area of European and comparative company law and capital markets.

In 2012 Georgi was appointed as a country researcher for Bulgaria in a project of the London School of Economics and Political Science, funded by the European Commission – Study on Directors’ Duties and Liability, prepared by Professor Carsten Gerner-Beuerle, Professor Philipp Paech and Professor Edmund Philipp Schuster.

Since 2016 he has been a member of an insolvency work group at the City University, London, and Cross-Border Corporate Insolvency & Commercial Law (CI&CL) Group, London. In 2017, he was a visiting researcher at the Commercial Law Centre at Harris Manchester College, University of Oxford. His main areas of interest are Corporate and Commercial Law, Insolvency, Securities and Arbitration.

Emilie Ghio is a lecturer in law at Birmingham City University. She holds law degrees from the University of Strasbourg (France) and University College Cork (Ireland) and completed her Ph.D. in University College Cork in 2018. Her expertise lies in the field of cross-border insolvency and rescue law. Her areas of research interest include international insolvency law and legal theories, in particular the concepts of harmonisation, incrementalism and pragmatism. Emilie is a member of the INSOL YANIL board (the Young Academics Network of Insolvency Law) and a member of the advisory board of the European Commission funded JCOERE project (Judicial Cooperation supporting Economic Recovery in Europe).

Rolandino Guidotti has been Professor of Law at the University of Bologna – Department of Legal Studies since 2014 – where he teaches business, insolvency and financial market law. He was (and he still is) a member of many Research Groups both in Italy and in other European Countries.

Rolandino is the author of several books and academic articles in the area of company, insolvency, financial market and arbitration law. He regularly participates in numerous national and international conferences.

Frank Heemann is a German qualified lawyer (Rechtsanwalt) admitted to practice also in Lithuania and with more than 17 years’ professional experience in consulting and representing corporate clients.

He is managing partner at BNT | Attorneys-At-Law Vilnius office (Lithuania) and the head of BNT | Attorneys-At-Law Insolvency and Corporate Restructuring practice group. Before joining BNT, Frank practiced with White & Case LLP, a globally active US law firm.

Frank specializes in insolvency and corporate restructuring, M&A and cross-border corporate advice. He is vice president of the Lithuanian board of the German Baltic Chamber of Commerce, French Foreign Trade Adviser (Conseiller du Commerce Extérieur de la France), active member of INSOL Europe, and one of The World Bank’s local partners for Lithuania. Frank frequently speaks and publishes on corporate, insolvency and restructuring matters.

Jin Chun is currently Professor at the Faculty of Law, Doshisha University, Kyoto, Japan. She has taught Japanese and Chinese insolvency law, and civil procedure law. Jin Chun is a Visiting Professor, Renmin University of China (Faculty of Law), China. Jin Chun holds degrees from Renmin University of China (LL.B.), and Kyoto University (LL.M. and Ph.D. (Law)), Japan. She has worked at the Shenyang Intermediate People‘s Court of China after graduating from university in China and also was a Visiting Scholar at the Asian Law Centre, Melbourne Law School (Sep 2015–Sep 2017), Australia. 

Her main English publications include: (with Stacey Steele) ‘Some Suggestions from Japan for Reforming Australia’s Personal Bankruptcy Law’, 17(1) QUT Law Review 74, in Oct 2017; ‘How technologies and innovation are driving Chinese insolvency law developments: new Supreme People’s Court bankruptcy information platform’, 15(1) International Corporate Rescue (UK), Jan 2018; (with Stacey Steele, Andrew Goldwin et al) ‘Trends and developments in Chinese insolvency law: the first decade of the PRC Enterprise Bankruptcy Law’, The American Journal of Comparative Law (Nov 2018).

Çağlar Kaçar graduated from Marmara University, Faculty of Law in 2009 and was called to the Istanbul Bar Association. Mr Kaçar, Partner at Kaçar Attorneys-at-Law, represents and advises multinational and domestic clients through all processes of restructuring and insolvency proceedings. He has represented significant numbers of debtors, secured and unsecured creditors, shareholders and investors in proceedings such as out-of-court debt restructuring and composition with creditors. He also assists parties in registering their claims, attending creditors’ meetings and purchasing assets from the bankruptcy estates. Mr Kaçar is generally nominated by the creditors as an insolvency administrator and performs liquidation of large and medium sized corporations. He is a member of INSOL Europe.

Patrick Keinert is a German lawyer who aquired his Ph.D. in the field of comparative insolvency law at the University of Geneva, Switzerland. He studied law at the University of Heidelberg, Germany, with a focus on civil procedure law and insolvency law.

At the moment he is doing his legal clerkship in the district of the higher regional court of Karlsruhe, Germany. Before this he worked as a teaching assistant at the Department of Private International Law at the University of Geneva and for several German law firms in Stuttgart, Frankfurt and Berlin in the domains of litigation, real estate law and insolvency law. Furthermore, he was assistant editor for the Yearbook of Private International Law.

Felix Kernbichler studied law at the University of Vienna, where he went on to work as an Assistant Professor at the Department of Private Law. He was a Visiting Scholar at the University of California, Berkeley School of Law and received an LL.M. degree from Harvard Law School. For his dissertation on contracts in insolvency at the University of Vienna, he was awarded a Ph.D. Fellowship by the Austrian Academy of Sciences, among other academic prizes.

While working on his Ph.D. thesis, he established a Law Clinic at the University of Vienna. He now works at Herbst Kinsky Attorneys at Law in Vienna and is director of the Law Clinic at the University of Vienna.

Borhan Uddin Khan is currently a Professor in the Faculty of Law, University of Dhaka and Adviser and Adjunct Professor at the Independent University, Bangladesh. He is a former Dean of the Faculty of Law, University of Dhaka (2006–2010) and head of the Department of Law, University of Dhaka (2015–17). He holds an LL.M. in Public International Law [1990] from the London School of Economics and Political Science (LSE), University of London and a Ph.D. [1995] from the School of Oriental and African Studies (SOAS), University of London. After obtaining an LL.B. (Hons.) [1984] and an LL.M. [1985] from the University of Dhaka, he joined the same university as a Lecturer in the Department of Law in 1989 and became a Professor in 2005.

Dr Khan, among others, is a member of the Board of Advisers of the Asian Society of International Law and a former Vice President of the Asian Society of International Law (2013–2015). He is also a member of the American Society of International Law and International Law Association.

His areas of expertise include: international human rights, international humanitarian law, international refugee law and the laws of armed conflict.

Dmitry Konstantinov is Head of Insolvency and Financial Restructuring at Ilyashev&Partners Law Firm, a law firm with offices in Russia, Ukraine and Estonia. He got a specialist degree with distinction from the Russian State University of Trade and Economics and also obtained a LL.M. degree in American law from Pericles ABLE Project and a LL.M. degree in English Corporate Law from the London School of Economics and Political Science.

As a litigator, Dmitry participates in high-profile disputes; his practice is mainly focused on insolvency and banking law. He is author of more than 30 articles published by Law Journals and such sources as Forbes, Vedomosti (Russian edition of WSJ), etc.

Line Herman Langkjaer is an assistant Professor at the Department of Law, University of Aarhus. Her research focuses on International and National Insolvency Law. Line teaches insolvency law and civil procedure to bachelor and master students at the University of Aarhus.

Line obtained her Master of Law Degree from the University of Aarhus in 2008. From 2008–15 Line worked as a qualified lawyer at LETT Law Firm specialising in bankruptcy and restructuring proceedings. While practising law she was an external lecturer in Insolvency Law at Aarhus University. In 2012 she was admitted to the Danish Bar Association. In 2018 she was awarded a Ph.D. with a thesis entitled: Jurisdiction of the Danish Courts in the field of Bankruptcy – Through the lens of the European Insolvency Regulation. While writing her Ph.D. thesis Line was a visiting researcher at Humboldt Universität zu Berlin.

Line is currently vice chair in YANIL (Younger Academics Network in Insolvency Law).

Yingxiang Long is a lecturer of Harbin University of Commerce in China. She currently focuses on the reform of bankruptcy law in China. She obtained her doctorate degree from Nottingham Trent University in 2017. Before her Ph.D study, she worked in China as a law lecturer and qualified lawyer for more than four years.

Morshed Mannan (1990) is a Meijers Ph.D. candidate attached to the Company Law Department of Leiden University, where he conducts research on worker cooperatives in the platform economy. His research interests also extend to employee ownership, international labour rights, insolvency law, digital technologies, corporate social responsibility and corporate governance.

He completed his LL.M. in Advanced Studies in International Civil & Commercial Law (cum laude) at Leiden University, as part of which he wrote a Thesis on ‘The Prospects and Challenges of Adopting the UNCITRAL Model Law on Cross-Border Insolvency in South Asia (Bangladesh, India and Pakistan)’. Prior to moving to Leiden, Morshed practised as a lawyer in Bangladesh and lectured at an Affiliate Centre of the University of London in Dhaka. Previously, he completed his LL.B. (Hons.) at the University of Warwick (Coventry, UK) in 2011 and was called to the Bar of England & Wales in 2012.

Clement Marumoagae is a Senior Lecturer at the University of the Witwatersrand, where he teaches insolvency law and procedural law. He is also a practising attorney at Marumoagae Attorneys where he specialises in family law and pension law. He has attained an undergraduate law degree (LL.B.) and Master’s degree (LL.M.) in Pension Law at the University of the Witwatersrand. He has also graduated with his second Master’s degree (LL.M.) in labour law at the University of North West.

Mr Marumoagae also holds a Post Graduate Diploma in Insolvency Law and Practice from the University of Pretoria as well as a Post Graduate Diploma in Corporate Law from the University of the Witwatersrand. He has published numerous articles in peer-reviewed and practice-orientated journals in the fields of pension law, labour law, insolvency law and family law.

Héctor José Miguens received his Juris Doctor Title from the Law School of the National University of Buenos Aires in 1982. He is a Specialist on Trustee in Bankruptcy, from the School of Economics of the National University of Tucumán, Argentina, in 1989, as well as Ph.D or J.S.D. with a summa cum laude from the Law School of the Navarre University, Spain.

An Insol International Scholar, he has published three books, co-authored 13 books and published more than 60 articles in international Law Journals. His doctoral dissertation obtained the Accesit Prize of the National Law Academy of Buenos Aires. He is Fellow of the University of Oxford, of the Max Planck Institute of Hamburg, Germany and of the Alexander von Humboldt Foundation.

At present he is an Independent Researcher of the National Council of Research and Technology in Buenos Aires, (CONICET) Argentina at the Law School of the Universidad Austral, Buenos Aires, Argentina, where he is member of the academic staff as Extraordinary Professor. He is also Professor of Insolvency Law at the Law School of the Universidad de Buenos Aires, as member of the staff of Professors of the ‘Curso de Actualización en Derecho Concursal’, a Postgraduate course of Insolvency Law.

José Maria Lezcano Navarro is a Panamanian Licenciado (lawyer) graduated from the University of Panama in 2007, has a LL.M. in International Commercial Law awarded by the University of Westminster in 2009, and his Ph.D. was awarded by City University London in 2014. Currently he lectures at the University of Panama and works in his law firm in Panama.

José is the author of the books: Piercing the Corporate Veil in Latin American Jurisprudence (2015); Sistema Bancario Panameño (2014); Analisis Del Nuevo Derecho Comercial Maritimo (2016), and contributed in the International Company Law Handbook edited by Roman Thomasic (2016).

Alfonso Nocilla has been an Assistant Professor at the Faculty of Law, University of Western Ontario since 2018. He teaches and researches in the areas of commercial, insolvency and restructuring law, with emphasis on comparative and empirical approaches. Prior to joining Western full time, he was a Visiting Professor and Catalyst Capital Fellow in Insolvency Law there, teaching international and comparative restructuring. He was called to the Bar of Ontario in 2012.

Loukas Panetsos is an Associate at Kyriakides Georgopoulos Law Firm, based in Athens, Greece. Loukas holds an LL.B. from the Democritus University of Thrace, an LL.M. in Corporate and Commercial Law from the London School of Economics and Political Science and an M.Sc. in Taxation from the University of Oxford. His main field of specialisation is tax law.

Loukas has authored many articles and case comments published in international and Greek law journals (e.g., European Taxation, International Transfer Pricing Journal, Utrecht Law Review, Dikaio Epicheiriseon & Etairion). Loukas is admitted to the Greek Courts of First Instance and is a member of the Athens Bar Association.

Rebecca Parry is a Professor at Nottingham Trent University, specialising in international and comparative corporate insolvency law. She teaches specialist LL.M modules in this area and she has also supervised 15 Ph.D. students to successful completion. She has a particular interest in Chinese insolvency law, having co-edited the first English language book to consider the Enterprise Bankruptcy Law 2006.

Siniša Petrović is a tenured Professor of Law at the University of Zagreb. He obtained his LL.B, LL.M and Ph.D. degrees at the Faculty of Law University of Zagreb. His former positions include Counsellor to the Special Envoy of the President of the Republic of Croatia for negotiations with international community, Vice-dean of the Faculty of Law University of Zagreb, member and vice-president of the Council for the Protection of Competition, vice-president of the Permanent Arbitration Court of the Croatian Chamber of Commerce, member of the negotiating team for negotiations on accession of the Republic of Croatia to the EU (chapters on company law, intellectual property law, right of establishment and freedom to provide services; free movement of workers) and Special Adviser to the Prime Minister for European law.

Siniša has published papers and books in the field of commercial law, company law, competition law, sports law and foreign investments.

Anna Plevri is a Lecturer of Private Law and ADR at the School of Law of the University of Nicosia. She obtained a law degree, an LL.M. (Hons) and a Ph.D. (Hons) from the Law School of Aristotle University of Thessaloniki (Greece). She has also obtained an LL.M. (Hons) on International Law from the University of Thrace (Greece). Thus, she has been trained in various law and ADR training in European countries, in the USA and in Dubai. She is an accredited Mediator (Civil, Commercial, Family, Workplace Disputes and ODR), a certified Mediator’s Trainer and an Arbitrator. She is an Attorney at law, member of the Bar Association of Thessaloniki and that of Cyprus. She is an author of two books in Greek (parties in civil trials and arbitration in the energy sector) and she contributes as an author in many collaborative books, projects, reports and papers in Greek and English language. She was a Visiting Professor of the LLM in Transnational and European Commercial Law, Banking Law, Arbitration/Mediation (in English) of the International Hellenic University.

Muhammad Mahbubur Rahman is an Associate Professor at the Department of Law, University of Dhaka. He completed his Ph.D. from the School of Oriental and African Studies (SOAS), University of London and LL.M. and LL.B. (Hons) from the University of Dhaka.

Roberta Righi trained as a practicing lawyer in two different law firms in Modena, and then in 2004 she formed her own law office. Her area of expertise is international commercial law with an emphasis on international contracts and European projects; she also devotes time to civil litigation and she assists several companies in Italy with day-to-day legal matters. She is currently collaborating with the Getty Law Group PLLC, a law firm based in Lexington, KY, United States.

Roberta assists CNA, a national association representing more than 670,000 small and medium enterprises in Italy. Roberta has taught several courses for CNA Interpreta about the ‘contratto di rete’, and has prepared articles and publication on that matter. From December 2009 to October 2011, she served as CNA Interpreta’s team leader for the group of experts in charge of presenting to the European Commission the Study ‘Accounting requirements for SMEs.’ Roberta was the main speaker at the final workshop held in Brussels in October, 2011, at the European Commission.

Roberta has taught numerous international commercial law and international contracts courses. She is fluent in English and Italian and has a good comprehension of French and Spanish.

Maximiliano Escobar Saavedra is a lawyer admitted to the Chilean bar, and a Commercial Law Professor at University of Concepción.

He obtained his bachelor degree from University of Concepción in 2007 and in 2010 his Master’s degree with a specialization in new technologies laws and e-commerce, from Universidad Pablo de Olavide, located in Sevilla, Spain. At the same university, in 2016 he completed his doctoral studies.

Dr Maximiliano is currently the Director of the Department of Private Law at University of Concepción, which encompasses the disciplines of Civil and Commercial Law. He is a Professor for both bachelor and master students, of the different subjects that commercial law encompasses, such as insolvency law, commercial contracts, corporate law, among others. Since 2010, Maximiliano is also commercial law arbitrator.

He is the author of several articles in the field of Commercial Law, published in different national and international journals.

Mauricio Inostroza Sáez is a Professor of Commercial Law at the University of Concepción, Chile. He obtained his Law degree from the University of Concepción in 2006, and was awarded the degrees of Master in Private Law (2011) and Ph.D. (2017) by the University Carlos III of Madrid.

Mauricio is a lawyer admitted to practice by the Supreme Court of Chile in 2007. He has practised Law in Chile in the field of Commercial Law. He has published several articles in Law reviews from Chile, Venezuela, Brazil and USA in the fields of bankruptcy, unfair competition and contract law. He has also carried out research into the same topics in UNIDROIT, at the University of Rome I ‘La Sapienza’ [Italy], and at the National Law Center for Inter-American Free Trade [USA], where he is currently a Commercial Law Consultant.

Francisco Satiro is a Professor of Business Law at São Paulo University (USP) Law School. He specialises in corporate finance law, capital markets regulation and insolvency law. Satiro holds a Law degree and a Doctorate in Business Law, both from USP Law School. He was visiting Professor at: Universidad Javeriana – Colombia, ITAM – Mexico, FDUP – Portugal, and Centre for Transnational Legal Studies in London – UK. From 2011 to 2015, Satiro was appointed by the Ministry of Economy as a member of the National Council of Appeals of the Financial System. He was appointed in 2016 by the Ministry of Economy to draft the amendment of Brazilian Insolvency Law. He has also been a Brazilian adviser before UNCITRAL Working Groups I (micro-, small- and medium-sized enterprises) and V (Insolvency Law) since 2012. Satiro is a founding member of Satiro Law Firm.

Gelanda Shkurtaj is an academic lawyer and public notary, living in Tirana (Albania). After having accomplished her first Masters’ Degree in Biology at Tirana University in 1997, she followed her studies in Law at Genoa University (Italy). She worked as a Court Expert and Technical Adviser at the General Prosecutor’s Office in Liguria Region (Italy) and simultaneously she obtained the second Master’s Degree in Law in 2009. In 2011 she obtained an LL.M. in Taxation Law at Genoa University. In 2012 she kept the position of Senior Project Manager at Regione Abruzzo (acting as Managing Authority) of E.U. Funds (Instrument of Pre-accession) Cross Border 2007–2013 Program. She established her notary office on 2013 in Tirana, and the main field of her activity is domestic civil law in general and in particular the implementation of contracts related to commercial and fiscal law. Since the academic year 2012–13 she has been a Lecturer of Fiscal and Business Law at the New York University and Epoka University in Tirana. She also has a Ph.D. in Legal Anthropology (2018), issued by the Academy for Albanological Studies.

Stacey Steele is an Asian law and society specialist and leading commentator on insolvency law in Japan. She has an extensive track record of delivering research outcomes based on complex cross-jurisdictional research collaborations, and is the co-editor of books on legal education in Asia (2010), internationalising Japan (2014) and match-fixing in Australia, Korea and Japan (2017) resulting from chairing international conferences, seminars and workshops. Recent publications include peer-reviewed articles on regulation and resolution of disputes about insolvency practitioner remuneration in Australia, Singapore and the UK (Insolvency Law Journal, 2016; Asian Journal of Comparative Law, 2017), insolvency practitioner regulation in Japan (Insolvency Law Review, 2017), personal insolvency law reform in Australia and Japan (QUT Law Review, 2017), and trends in Chinese insolvency law (American Journal of Comparative Law, 2017). Assistant Professor Steele is Associate Director (Japan), Asian Law Centre, Melbourne Law School. She holds degrees from the University of Queensland (B.A. (Jap)), Monash University (M.A. (Jap)) and the University of Melbourne (LL.B. (Hons) and LL.M. (by thesis)).

Elizabeth Streten is a Lecturer at the Queensland University of Technology (QUT) who teaches in, inter alia, insolvency and restructuring law, corporate law, contract law, commercial remedies and civil procedure. She is a member of the Law Faculty’s Commercial and Property Law Research Centre. Elizabeth holds a Bachelors’ degrees and a Masters’ degree from QUT and is in the final months of her Doctoral degree at QUT. In July 2009, Elizabeth was awarded an IEP Award of Excellence from the Australian Restructuring Insolvency and Turnaround Association (formerly IPAA).

Elizabeth comes from over a decade practicing as an Australian lawyer in commercial litigation and insolvency, including appearances across State and Federal Courts and the High Court of Australia. Her research considers government policy, regulation and industry change at the intersection of commercial law, insolvency law, technology and business.

Jarmo Tuomisto (1952) graduated as a Master of Laws 1973. He was trained on the bench 1976–77 and received his doctoral degree in 1988. Tuomisto has served as Professor of Civil Law at the University of Turku from 1998 till his retirement in 2016. Tuomisto’s main research areas are security rights and insolvency law. Among his major studies are ‘Saatavan panttaus’ [Pledge of Receivables] (2015), ‘Takaisinsaanti’ [Recovery to the Bankrupt’s Estate] (3rd edition 2012), ‘Sopimus ja insolvenssi’ [Contract and Insolvency] (2010), Yrityskiinnitys [Floating Charge] (2007), ‘Tyyppipakosta aikaprioriteettiin’ [From Numerus Clausus to the principle of time priority] (1993), ‘Vuokranantaja ja vuokralaisen konkurssi [Lessor and the bankruptcy of a Lessor] (1991) and ‘Omistuksenpidätys ja leasing’ [Retention of Title and Leasing] (1988).

Marco Verdonk LL.M. is a Ph.D. candidate and lecturer at the University of Tilburg. He holds a Master’s degree in Dutch private law from the University of Amsterdam.

Verdonk specialises in property law, insolvency law and procedural law. He teaches the courses Property Law, Insolvency Law and Procedural Law. His Ph.D. research is focused on divestment clauses in executory contracts and the theoretical framework for admissibility of this kind of stipulation in case of corporate insolvency.

Eduardo G. Wanderley is a partner in BMA – Barbosa Müssnich Aragão’s insolvency and restructuring group, based in São Paulo, Brazil. As co-head of the practice, he acts in high-profile court-supervised insolvency proceedings, cross-border cases, workouts and distressed investment mandates. He holds a law degree from the Federal University of Rio Grande do Sul (UFRGS) and is a Master of law by the University of São Paulo and the University of Cambridge. Wanderley acted in the most relevant court-supervised cases since the enactment of the current Brazilian corporate insolvency regime (2005), such as Varig, Parmalat, Oi, OAS, OGX, OSX, Agrenco, Grupo REDE, Abengoa, Banco Santos, Independência, UTC, PDG and others. He is frequently ranked by specialized publications as a leading bankruptcy/restructuring lawyer and one of the most prominent of his generation. Wanderley is a member of Turnaround Management Association, American Bankruptcy Institute and is actively involved in the debates about insolvency law reform in Brazil.

Bingdao Wang completed his Ph.D. at University of Leeds in 2018. His main research interests include corporate insolvency law, corporate law and contract law. Prior to beginning the Ph.D. program, Bingdao received a LL.M. in International Commercial Law from the University of Nottingham. Based on his LL.M. comparative study of UNCITRAL Model Law on cross-border insolvency and EC regulation on insolvency proceedings, Bingdao developed his doctoral research focusing on the development and reform of cross-border insolvency law in China and Hong Kong. Bingdao will start his position as lecturer in law at Coventry University in 2019.

Jessica J. Winters is a solo practitioner with 15 years of experience. Her practice focuses generally on business services and commercial litigation, with emphasis on small business development, employment law, class action litigation, appeals, and personal injury. Jessica has extensive federal and state court litigation experience in complex cases and class actions. She is also active in the labour and employment law section of the Kentucky Bar Association and lectures several times a year on employment related topics.

Jessica is active in community and legal organisations in her hometown of Lexington, Kentucky. She co-founded Lexington’s annual street art festival, PRHBTN, and through this organisation has worked to bring more than 20 world-renowned artists to Lexington to create public art through the installation of large-scale murals. Community involvement and helping others through her legal work are her core values.

Camila Hoyuela Zattera is an attorney admitted to the Chilean bar, and a Commercial Law Lecturer at University of Concepción, Chile. Camila obtained her bachelor degree from University of Concepción in 2014, and holds an LL.M in Commercial Law, with specialisation in Maritime and Transport Law, at Erasmus Rotterdam University.

Camila has published several articles in Law Journals from Chile, Italy and Portugal in the fields of corporate law, maritime law, transport law and logistics.

Katja Zdolšek is a Slovenian lawyer with a degree from University of Ljubljana (2012) and LL.M. degree in Corporate and Commercial Law from the London School of Economics and Political Science, awarded with Distinction (2014).

Katja specialises in corporate and commercial law and the related EU legislation. Before qualifying as a Slovenian attorney at law (2019), she has worked in competition law in Brussels where she trained at the European Commission and an international law firm. Katja is currently practicing law as an attorney at a business law firm in Ljubljana.