2023/24 Taught Postgraduate Module Catalogue

LAW5461M International Corporate Insolvency Law

15 creditsClass Size: 150

Module manager: Dr Oriana Casasola
Email: O.Casasola@leeds.ac.uk

Taught: Semester 1 (Sep to Jan) View Timetable

Year running 2023/24

Pre-requisite qualifications

Students must already have taken an appropriate introductory Company Law course, had appropriate professional experience or fulfilled the co-requisite module requirement.

Co-requisites

LAW5550M

Corporate Law

Module replaces

LAW5460M Insolvency Law

This module is not approved as an Elective

Module summary

The module explore insolvency from an international and comparative point of view. It discusses the options available to multinational companies in financial distress and the possible ways for courts to cooperate in cross-border insolvency matters.

Objectives

The module seeks to provide an overview of international insolvency law concerning corporate entities. It aims to explore insolvency issues arising in cross-border scenarios. Additionally, the module analyses the main international regulatory frameworks on the matter: UNCITRAL Model Law on Cross-Border Insolvency (1997) and the European Union Insolvency Regulation Recast (2015/848). In exploring the subject the module will foster independent critical thinking and research skills.

Learning outcomes
To explain legal meanings of insolvency, the possible consequences of insolvency and, the options available to insolvents companies

To explain the theory, aims and purposes that underpin insolvency law

To explain the substantive and conflict of law principles that underpin cross-border insolvency law

To identify, locate, and evaluate up-to-date law and research on various aspects of cross-border insolvency law

To develop advanced independent legal research skills and effectively communicate the outcome of this research

Skills outcomes
The module contributes to the development of research skills in comparative legal analysis. The comparison and critique of different legal approaches also seeks to foster the students’ critical thinking.

Syllabus

The module will briefly consider the history of insolvency law and then explore cross-border insolvency in today's world, the meaning of insolvency, consequences that flow from that state and the theory, aims and purposes of cross-border insolvency law. The module will examine the substantive principles underpinning insolvency law such as the equal treatment of creditors, the optimal realisation of assets and the debtor protection. It will also discuss the rescuing and restructuring purposes of insolvency law. The principles will be explained with examples drawn from different jurisdictions. After that, the module will focus on international insolvency issues and analyse the main regulatory frameworks in cross-border insolvency law such as the UNCITRAL Model Law on Cross-Border Insolvency (1997) and the European Union Insolvency Regulation Recast (2015/848). The module will also compare how selected jurisdiction have implemented the model law within their legal systems.

Teaching methods

Delivery type	Number	Length hours	Student hours
Lecture	8	1.00	8.00
Seminar	5	1.50	7.50
Private study hours			134.50
Total Contact hours			15.50
Total hours (100hr per 10 credits)			150.00

Private study

Student are expected to prepare for the seminars by attending the lectures and do the required reading. In addition to the recommended reading, students are expected to engage in academic research in the library website and relevant database to consult primary sources and relevant scholarship in support of their understanding and arguments.

Opportunities for Formative Feedback

A formative assessment opportunity will be provided.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Essay	4000 words	100.00
Total percentage (Assessment Coursework)		100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 14/09/2023 12:56:42

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