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INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Austria

Published on: 28 July 2021
Published by: LexisPSL
  • INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Austria
  • Q1. Has your country adopted the UNCITRAL Model law on insolvency? If not, does it intend to do so in the near future?
  • Q2. What are your country’s private international law provisions for the recognition of insolvency proceedings commenced in countries outside of the EU Member States (ie Third Party States)?
  • Q3. Would your country recognise an English scheme of arrangement (under Part 26 Companies Act 2006 (CA 2006)) or an English restructuring plan (under CA 2006, Pt 26A) now post-Brexit and on what basis? (eg Hague Convention, Rome I or other private international law rules)
  • English schemes of arrangement (under CA 2006, Pt 26)
  • English restructuring plan (under CA 2006, Pt 26A)
  • INSOL Europe/LexisNexis table of ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’

Article summary

Restructuring & Insolvency analysis: This article looks at how Austria would recognise insolvency or restructuring proceedings commenced in a third country state. In particular, it considers whether the English Part 26 scheme or Part 26A restructuring plan would be recognised in Austria. Written by Gottfried Gassner at Binder Grösswang, Vienna, Austria. or take a trial to read the full analysis.

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