Fabian Van de Ven - Academia.edu (original) (raw)

Fabian Van de Ven

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Papers by Fabian Van de Ven

Research paper thumbnail of Insolvency in International Commercial Arbitration

This thesis concerns the systems and theory that are involved in insolvency in international comm... more This thesis concerns the systems and theory that are involved in insolvency in international commercial arbitration. It is mainly written from the perspective of the arbitration. Important questions, such as the possible suspension of the arbitration proceedings and the applicable law regarding the effects of insolvency in arbitration, are dealt with on both a theoretical level and on a practical level in the framework of several of the world most important jurisdictions in regard to international arbitration, i.e. England, Germany, Switzerland, the United Sates, Singapore and the EU. This work is a master thesis written in the course of the Master in International Law at the HSG in St.Gallen, Switzerland under the primary supervision of Prof. Gary Born and secondary supervision of Prof. Dr. Markus Müller-Chen.

Research paper thumbnail of Opening secondary insolvency proceedings in the EU from 2017

Bernard RA. Santen, Fabian A. van de Ven and Gert-Jan Boon follow up their previous article with ... more Bernard RA. Santen, Fabian A. van de Ven and Gert-Jan Boon follow up their previous article with further analysis, regarding what a judge in the EU should consider when opening a secondary insolvency proceeding, based on the text of the European Insolvency Regulation 848/2015 (EIR Recast) which will come into force on 26 June 2017.

Research paper thumbnail of Opening secondary insolvency proceedings in the EU

Opening secondary insolvency proceedings in the EU: Bernard P.A. Santen, Fabian A. van de Ven and... more Opening secondary insolvency proceedings in the EU:
Bernard P.A. Santen, Fabian A. van de Ven and Gert-Jan Boon provide a concise survey of what judges
should consider before opening secondary proceedings in an EU Member State after Burgo/Illochroma.

Research paper thumbnail of The Cross-Border Insolvency Protocol; what is it and what is in it? From a European Union Perspective

The cross-border insolvency protocols is an instrument born out of the needs of the international... more The cross-border insolvency protocols is an instrument born out of the needs of the international insolvency practise. It started with the Maxwell protocol and played a significant role in the Lehman case and the Madoff case. The new European Insolvency Regulation which will enter in to force in 2017 recognises this instrument as a valid way of cross-border cooperation. The rising profile of the instrument creates a need for better understanding. It is this need that this thesis tries to service.

But what is the a cross-border insolvency protocol? Where does it stand? Where did it come from? What does it do? These and several other fundamental questions are discussed in this thesis. All within the aim of creating a better understanding of the cross-border insolvency protocol in light of the new European Insolvency Regulation.

Research paper thumbnail of Insolvency in International Commercial Arbitration

This thesis concerns the systems and theory that are involved in insolvency in international comm... more This thesis concerns the systems and theory that are involved in insolvency in international commercial arbitration. It is mainly written from the perspective of the arbitration. Important questions, such as the possible suspension of the arbitration proceedings and the applicable law regarding the effects of insolvency in arbitration, are dealt with on both a theoretical level and on a practical level in the framework of several of the world most important jurisdictions in regard to international arbitration, i.e. England, Germany, Switzerland, the United Sates, Singapore and the EU. This work is a master thesis written in the course of the Master in International Law at the HSG in St.Gallen, Switzerland under the primary supervision of Prof. Gary Born and secondary supervision of Prof. Dr. Markus Müller-Chen.

Research paper thumbnail of Opening secondary insolvency proceedings in the EU from 2017

Bernard RA. Santen, Fabian A. van de Ven and Gert-Jan Boon follow up their previous article with ... more Bernard RA. Santen, Fabian A. van de Ven and Gert-Jan Boon follow up their previous article with further analysis, regarding what a judge in the EU should consider when opening a secondary insolvency proceeding, based on the text of the European Insolvency Regulation 848/2015 (EIR Recast) which will come into force on 26 June 2017.

Research paper thumbnail of Opening secondary insolvency proceedings in the EU

Opening secondary insolvency proceedings in the EU: Bernard P.A. Santen, Fabian A. van de Ven and... more Opening secondary insolvency proceedings in the EU:
Bernard P.A. Santen, Fabian A. van de Ven and Gert-Jan Boon provide a concise survey of what judges
should consider before opening secondary proceedings in an EU Member State after Burgo/Illochroma.

Research paper thumbnail of The Cross-Border Insolvency Protocol; what is it and what is in it? From a European Union Perspective

The cross-border insolvency protocols is an instrument born out of the needs of the international... more The cross-border insolvency protocols is an instrument born out of the needs of the international insolvency practise. It started with the Maxwell protocol and played a significant role in the Lehman case and the Madoff case. The new European Insolvency Regulation which will enter in to force in 2017 recognises this instrument as a valid way of cross-border cooperation. The rising profile of the instrument creates a need for better understanding. It is this need that this thesis tries to service.

But what is the a cross-border insolvency protocol? Where does it stand? Where did it come from? What does it do? These and several other fundamental questions are discussed in this thesis. All within the aim of creating a better understanding of the cross-border insolvency protocol in light of the new European Insolvency Regulation.

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