The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement

Flores Marta ()
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Flores Marta: Lecturer in Commercial Law. Universidad Autónoma de MadridMadrid.Spain

European Company and Financial Law Review, 2021, vol. 18, issue 3, 377-397

Abstract: After Brexit, the United Kingdom will become a third State to all effects. As far as insolvency is related, this will imply substantial changes regarding the recognition and enforcement of the UK insolvency proceedings. This paper purports to analyze the consequences a Hard-Brexit will have on insolvency-related matters, by describing the effects that should be expected with regard to the recognition in Spain of each of the proceedings that the UK legislation foresees for financially distressed debtors, namely administration, winding-up, voluntary agreements, bankruptcy and schemes of arrangement (which are dealt with separately due to their hybrid nature).

Keywords: Brexit; insolvency; recognition and enforcement of foreign judgements; schemes of arrangement (search for similar items in EconPapers)
Date: 2021
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DOI: 10.1515/ecfr-2021-0017

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