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First International Insolvency Forum will be held in St. Petersburg from 18 to 19 May 2017 in the context of the VII St. Petersburg International Legal Forum.
The First International Insolvency Forum (IIF) will bring together bankruptcy law experts from around the world who deal with insolvency issues as judges, private practitioners, creditors counsel, government regulators and tax authorities, academics and other business professionals.
For the past six years the St. Petersburg International Legal Forum has provided a unique platform for world renowned experts to discuss modern legal issues that are high on the current global social and economic agenda.
The combination of these two events will make it easier for those interested in bankruptcy law to take part in both programs and contribute to the discussion of modern trends and developments in numerous areas of the law, including bankruptcy law.
Discussions will take place in a General Meeting and further theme-based sessions. Particular emphasis will be placed on the opportunities and challenges created through bankruptcy law by the current financial crisis.
The topics to be discussed include personal insolvency, cross-border bankruptcy, employees' rights in bankruptcy, debt collection, financial institutions bankruptcy, social issues in bankruptcy, issues of concern to insolvency practitioners and others. Special business events organized under the auspices of several international organizations, such as UNCITRAL, World Bank, OECD, EBRD are included in preliminary program.
In today’s world, innovation and digital technology continue to conquer new spheres of economic and legal life, and insolvency is no exception.
In most countries, digital technology is widely used in insolvency proceedings. This includes electronic forms of interaction with insolvency regulators and electronic litigation. Access to insolvency data plays an important role in ensuring transparency and openness of bankruptcy proceedings. In this context, it is essential to streamline the operation of online insolvency data registries. In one form or another, registries of relevant data exist in many countries. In Russia this is the Unified Federal Registry of Bankruptcy Information. During the Breakfast, the participants will discuss the Russian Federation’s experience in creating and maintaining its bankruptcy registry, assess its potential and review international best practices and expert opinions.
The insolvency legislation is a living, rapidly evolving system of laws. Changes in insolvency law reflect global economic trends. Insolvency law is to a great extent about the guarantees available to lenders and borrowers. It is the civilized way to resolve serious controversies that may arise between lenders and borrowers. Therefore, a change in insolvency law can be a powerful factor underpinning the stability of civil commerce. The degree of balance in the national insolvency legislation defines the investment climate in the economy.
Shaped by domestic economic processes, the evolution of insolvency law is at the same time subject to the international standards being developed to regulate insolvency. The work of the UNCITRAL Working Groups on insolvency serves as a model of how these standards are developed.
It would be interesting to illuminate which promising insolvency law improvement guidelines are currently on the table, which nations are reforming their insolvency law, and what kinds of changes are viewed as more progressive.
Protection of employees’ rights is the pivotal social aspect of insolvency. The employees are the driving force of an enterprise. They have a vested interest in the continuity of the business. And they, more than any other debt holders, have to bear the brunt when the business runs into financial trouble, for an employee’s salary is in most cases the only source of income for his whole family.
Non-payment of wages by an insolvent enterprise is a problem that, in varying degrees, exists in many economies. In some countries it is a widespread problem that is difficult to address, as it is directly linked to the state of the economy and depends on whether or not the employees can take an active stance, while the latter, in its turn, is conditioned by traditionally prevailing employer/employee relations. In other economies, the incidence of employers withholding wages is lower, not a little thanks to the efforts of many different employee rights advocacy groups and the tough stance of authorities, which see to it that non-payment of wages is promptly penalized. But wage arrears do happen – like insolvency, they are an objective phenomenon. This means that the protection of employees’ rights in the event of insolvency is a topical issue in all economies without exception.
Employees’ rights are protected by a number of international instruments, such as the ILO conventions and recommendations, as well as by specific provisions of national legislation.
Some of the most common methods to secure the payment of wages by an employer in the event of insolvency are the granting of priority to payroll debt claims and the establishment of wage guarantee institutions.
The session devoted to the protection of employees’ rights in the event of employer’s insolvency will review the employee rights protection vehicles used in different economies. How well do guarantee funds operate where they do exist? What are some of the recent improvements in guarantees for employees in the case of employer insolvency?
The debate will focus on comparative advantages of creditor seniority vis-à-vis the operation of guarantee schemes.
The meaning of success in an insolvency case is debatable. Corporate reorganization and renewed solvency may be deemed a success in most cases, but debt redemption and corporate winding-up also may sometimes be viewed as a success. What are the criteria by which to determine the success of an insolvency case? What are some illuminating success stories from the court practice on insolvency? What is the secret to winning an insolvency case? This session will discuss these questions and more.
Insolvency is an issue that is relevant across the board. It applies to any and all businesses and sectors. Indeed, practically any economic entity may be adjudicated insolvent. Felonies may occur in the transactions related to insolvency. This is a very complicated, highly nuanced aspect of the insolvency agenda. Where are the red lines, the overstepping of which may constitute a criminal offense? How do you prove that insolvency was declared under duress? What would be the corpus of proof in this? What are the penalties? What can be said about the practice of penal enforcement for offenses in the sphere of insolvency? What are some of the existing approaches on insolvency-related crime in the world?
The modern world is characterized by the broad geography of economic operations and the dominance of transnational and cross-regional business entities. The build-up of international economic and commercial ties comes to a point where it is no longer possible to play by the national rule-book alone. This concerns most or all aspects of economic activity, and insolvency is no exception.
Cross-border insolvency is a topic that continues to gain relevance. This is confirmed, for instance, by the fact that an authority such as UNCITRAL has made cross-border insolvency a top priority topic in its work. Senior level UNCITRAL administrators have been invited to attend the forum, and their presence promises to make the cross-border insolvency debate more lively, productive and illuminating.
The plan is for the session to elicit where the international community currently is in its advancement of the framework principles of cross-border insolvency, review the international enforcement practice of cross-border insolvency clauses, identify the most controversial points in the settlement of cross-border insolvency issues, and assess the positive effects in those countries which do enforce the universally recognized cross-border insolvency principles.
The importance of information disclosure is on the increase in today’s world. The protection of lenders’ rights is the primary concern in this. Indeed, it is absolutely essential for lenders to have standby access to fully updated pertinent information, any change in which may entail legal implications for the lender. One of the key aspects of information access is the maintenance of security rights registries. First of all, this concerns the information disclosure on collaterals. Registries of collateral records are generated and used in many economies. UNCITRAL has developed a set of standards derived from best practice in the field. The application of these standards would substantially enhance the protection of the rights of lenders and other parties to civil commerce.
But information disclosure is not limited to loan security. The criticality of disclosure extends to any information that, one way or another, carries implications affecting third parties. The details of factoring agreements, leases, retention of property title, and other matters may be subject to public disclosure.
It is difficult to overestimate the criticality of disclosure of these particular kinds of information, especially when insolvency proceedings are ongoing against a debtor. What specific types of information are subject to disclosure, and how the registries are organized for such information are two of the questions to be answered by this session.
The declaration of personal insolvency is a widespread method to settle personal debts, practiced world-over. Personal insolvency is handled differently from country to country, but the point is always the same: to rid the individual of their debt burden and re-launch their financial affairs with a clean slate. This settlement vehicle benefits the debtor and the creditor alike. Personal bankruptcy is organized so as to heed the interests of all creditors while granting no seniority to any particular debts or lenders.
The vehicle of personal insolvency furthermore protects the debtor from illegal acts on the part of the lender’s agents, the so-called collectors, who may be inclined to bullying and may occasionally act outside the law. In many countries, the business of debt collection is subject to a dedicated corpus of regulations.
What are the bedrock regulatory principles on personal insolvency and debt collection, country to country? How has the new Russian debt collection law been doing on the ground? How has the practice of personal insolvency fared so far?
The insolvency of a financial institution is a special chapter of insolvency. The financial services sector of an economy is highly diverse, as is the business of financial market players. There are serious differences between insurance, banking, the business of non-government pension funds, and the business of securities market players, for instance. No wonder then that the body of insolvency legislation contains special provisions regarding the insolvency of financial organizations.
The session will examine the regulations on the insolvency of financial organizations, existing country to country, and will assess the prospects awaiting this chapter of insolvency law going forward.
*This schedule may be subject to change
Participation Packages and Fees
Please be advised that the conditions of participation in the International Insolvency Forum are the same as in the St. Petersburg International Legal Forum
The price is valid till March 31, 2017
for the representatives of commercial organizations, except consulting companies80 400 RUB / $ 1380 / € 1296
72 360 RUB Special price for RCCA members
The price is valid till March 31, 2017
Representatives of the following organizations are provided with the special conditions of participation:
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