Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. To this end, many instruments have been introduced and implemented in recent years across the world. At this page we present a selection of relevant instruments in the field of…

This publication examines the issues regarding the cross-border resolution of financial institutions, focusing on the power allocation between the home and host resolution authorities, i.e. the jurisdiction rule.

It researches (the possibilities for) the development of a set of principles and best practices for insolvency office holders by comparing multilateral treaties and soft law recommendations and national legislation within Europe.

This book, written by two representatives of Leiden Law School, describes the framework of the European Insolvency Regulation (recast) (‘EIR Recast’), in force since June 2017.

On 28 February and 1 March 2019, Stichting Bob Wessels Insolvency Law Collection (Foundation) held its first PhD Workshop on European and International Insolvency Law. The workshop attracted more than 25 applications from PhD students from all over Europe. At the workshop young researchers had a chance…

Professor Bob Wessels has published a bibliography of International Insolvency Law as per January 2015. This document is an update of the 2011 bibliography and comprises sources of some 15 countries.

Restructuring and insolvency laws play a pivotal role in addressing the often conflicting interests of stakeholders of financially distressed companies. Whereas financial distress is an inherent risk of entrepreneurship in market-based economies, legal tools serve an important role to ensure an orderly…

From Thursday-Friday 28-29 April 2022 the Stichting Bob Wessels Insolvency Law Collection (BWILC) invites PhD students from Europe and beyond to participate in a fourth edition of the PhD workshop on European/International Insolvency Law.

Below you will find the publications within the research area Distress and Insolvency.

A mini-seminar hosted by Reinout Vriesendorp Academiegebouw, Rapenburg 73, 2311 GJ Leiden, The Netherlands, Thursday 23 June 2016

After a successful first edition in February 2019, the Stichting Bob Wessels Insolvency Law Collection invites PhD students from Europe and beyond for a second edition of the PhD workshop on European/International Insolvency Law. At this workshop they can present their ideas, but also the challenges…

Scholars and lawyers come across situations where insolvency office holders (court-appointed administrators/trustees) of insolvent/bankrupt companies chase the company’s directors, and sometimes shareholders, because the directors/shareholders did not prevent the insolvency/bankruptcy. In addition,…

Leiden Law School - The Department of Company Law (Institute for Private Law) and the Department of Business Studies (Institute for Tax Law and Economics) invite applications for the position of a Full Professor of Insolvency Law.

On 28 February 2019 the Stichting Bob Wessels Insolvency Law Collection will hold a PhD workshop on European/International Insolvency Law to which PhD students form Europe and beyond are invited. It provides PhD students with a venue to present their ideas, but also the challenges and questions they…

Just Published: EU Banking and Insurance Insolvency (second edition) Authored and Edited by Gabriel Moss QC, Bob Wessels and Matthias Haentjens Published by Oxford University Press

April 2021 saw the publication of the book ‘Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups’. This book was published by Edward Elgar Publishing. It is written by Ilya Kokorin and Bob Wessels. The book serves as a comprehensive introduction to insolvency protocols and focuses…

The BUREN Thesis Prize for Insolvency Law was awarded for the third time on 19 November 2020. Ilse van Vloten and Gijs de Koning, two Leiden students from the master’s programme Ondernemingsrecht, presented their research at the online award ceremony and were rewarded as winner and nominee respectiv…

During international training-sessions for judges on the JudgeCo project by the end of 2014, the LLS-team received several questions on the meaning of a protocol within the framework of international insolvencies. It appeared to be an obscure phenomenon. The LLS team promised to conduct a study on the…

This publication examines the issues regarding the cross-border resolution of financial institutions, focusing on the power allocation between the home and host resolution authorities, i.e. the jurisdiction rule.

To celebrate its 5th anniversary as an independent non-profit think tank, the Conference on European Restructuring and Insolvency Law (CERIL) held its first lustrum with a conference on Thursday 20 and Friday 21 April 2023. The conference discussed the European Commission’s long-expected legislative…

The inaugural address of Reinout Vriesendorp as Professor of Insolvency Law at Leiden University: “[**]it happens; then and now” was the setting for a mini-seminar in Leiden about the underestimated effects of hindsight bias in insolvency cases.

From Wednesday-Thursday 19-20 April 2023 the Stichting Bob Wessels Insolvency Law Collection (BWILC) invites PhD students from Europe and beyond to participate in the 5th edition of the PhD workshop on European/International Insolvency Law. Following four successful editions, PhD students are invited…

On 28 and 29 April 2022, the fourth annual PhD Workshop on European and International Insolvency Law took place, organised by the Foundation Bob Wessels Insolvency Law Collection (BWILC). A shared first prize was awarded to Gert-Jan Boon (Leiden University) and Theodora Kostoula (European University…

On 1 December 2020, Bernadette Muscat defended her thesis 'Insolvency Close-out Netting: A comparative study of English, French and US laws in a global perspective'. The doctoral research was supervised by Prof. M. Haentjens and Prof. B. Wessels.

From 4-5 March 2021, the Stichting Bob Wessels Insolvency Law Collection invites PhD students from Europe and beyond to participate in a third (online) edition of the PhD workshop on European/International Insolvency Law.

From Friday 29 till Sunday 31 March 2019, the third edition of the Ian Fletcher International Insolvency Law Moot (Moot) was held at the Singapore Management University in Singapore. For the first time, a team from Leiden University took part in this prestigious competition. With success, the team qualified…

On 19 and 20 March, the reporters of the ELI Project on Rescue of Business in Insolvency Law, Prof. Bob Wessels, Prof. Stephan Madaus and As. Prof. Kristin van Zwieten, will chair a conference to present the preliminary results of the project. The event will take place on the top floor (Dachgeschoss)…

Leiden University hosted the second annual PhD workshop on European and International Insolvency Law organized by the Foundation Bob Wessels Insolvency Law Collection (BWILC). The event that provided PhD candidates from universities all over Europe the chance to discuss their research with fellow PhD…

Every year, more than three thousand businesses are declared insolvent in the Netherlands. The purpose of bankruptcy is to divide the assets of these companies among the creditors. However, the value of the claims of the creditors often exceed the value of the assets of the company

This book, written by two representatives of Leiden Law School, describes the framework of the European Insolvency Regulation (recast) (‘EIR Recast’), in force since June 2017.

On Wednesday 19 and Thursday 20 April 2023, the Foundation Bob Wessels Insolvency Law Collection (BWILC) organised its fifth PhD Workshop on European and International Insolvency Law.

Preceding the inaugural address of Reinout Vriesendorp as Professor of Insolvency Law at Leiden University: “***+it happens; then and now” a seminar took place on the underestimated effects of hindsight bias in insolvency cases on 23 June 2016.

The liquidator is, according to the law, the initial designated person to signal and address irregularities in insolvencies. But when tackling fraud costs more than it generates, what does that mean for the liquidator’s course of action? And which factors obstruct liquidators in addressing these irregularities?…

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During a conference in Oxford on the 26th of June, Ilya Kokorin, Matthias Haentjens and Tycho de Graaf presented a paper about bitcoin, the insolvency of crypto-custodians and the consequences of such insolvency for crypto-investors.

In pursuit of solutions to China’s inter-regional cross-border insolvency cooperation, my doctoral dissertation provides 10 original recommendations accompanied with comments, which are entitled “China’s Inter-regional Cross-border Insolvency Arrangement” (CICIA).

Company Law provides education and research in the field of commercial and corporate law, insolvency law and International Business Law.

Leiden researchers from the departments Company Law and Business Studies will be collaborating with SEO Economisch Onderzoek on behalf of the WODC. The subject of their research project will be the financing of the insolvency administrator.

On 23 November 2022, the BUREN Thesis Prize on Insolvency Law was awarded for the fifth time. This year, two Leiden theses were nominated for this prize, written by Carlijn van der Hek and Raghav Mittal. Both nominees presented the results of their research, after which the jury announced that the first…

How do we incorporate and embed rules and principles that enter the private law system?

How should European financial law best integrate considering the interaction of the relevant legal systems?

On 19 September 2019, Lynette Janssen defended her thesis 'EU Bank Resolution Framework: A comparative study on the relation with national private law'. The doctoral research was supervised by Prof.mr. W.A.K. Rank and prof. M. Haentjens.

Ilya Kokorin, Meijers PhD candidate at the Department of Financial Law, has been awarded the Gold Medal in the prestigious competition of the International Insolvency Institute (III), the 2020 Prize in International Insolvency Studies.

The Institute of Tax Law and Economics at Leiden Law School has three departments: the Department of Tax Law, the Department of Economics and the Department of Business Studies. The Institute brings together research and teaching at the point at which, on the one hand, law and, on the other, fiscal…