Cooperation and Communication between Insolvency Practitioners and Courts in Cross-Border Insolvency Proceedings

Abstract

This Master Thesis is dedicated to the research of problematic issues related to cooperation in cross-border insolvency proceedings through analysing the duties of cooperation and communication outlined in the EIR, and the mechanism for their realization. This research examines of relevant legislation, as well as soft law instruments, best practices, and protocols. Beginning with an examination of the EIR, the research highlights the importance of effective communication and collaboration mechanisms among insolvency practitioners and courts across Member States. Despite the relatively flexible approach of the EIR, there are still challenges such as the absence of formal guidelines for the exchange of information and enforcement mechanisms. The Thesis delves into the role of soft law instruments, focusing on documents such as the European Communication and Cooperation Guidelines for Cross-Border Insolvency European Model Protocol. These instruments provide essential frameworks for promoting cooperation and streamlining communication in complex cross-border proceedings, and increased knowledge thereof is necessary for their better implementation.