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Irit Mevorach

Professor of International Commercial Law, Faculty of Social Sciences

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Expertise Summary

Irit Mevorach is a Professor of International Commercial Law. She holds degrees in law from Tel-Aviv University (LLB with distinction, 1997, LLM, 2001) and UCL, London (PhD, 2006), and between 1998-2003 she practiced law at Lipa Meir & Co, Tel-Aviv and acted as companies' liquidator/administrator and advised in restructuring and administrations. Since 2006 Irit has been acting as an expert adviser to the UK government's delegation to the United Nations Commission on International Trade Law (UNCITRAL) and in 2013-2016 she represented the World Bank at the Commission, in deliberations in the areas of insolvency and cross-border insolvency.

In 2013, Irit was appointed Senior Counsel to the World Bank and headed the Bank's Global Initiative on Insolvency and Creditor/Debtor Regimes (2013-2015). In that capacity, she has advised governments of some ten countries in Africa, Asia, Europe and the Caribbean on reform of business and personal insolvency and creditor/debtor systems, and had led the Bank's Global Task Force on Insolvency and Creditor Rights. Irit retained a consultancy with the World Bank.

Irit's book 'Insolvency within Multinational Enterprise Groups' (Oxford University Press, 2009) has won the Edwin-Coe/INSOL Europe Prize for Outstanding Legal Scholarship (2010). She has also been awarded British Academy grants for her empirical and comparative research in the area of cross-border insolvency, and her academic and policy work has influenced law reform in Europe and globally. Irit is a member of the Editorial Board of the Global Restructuring Review (GRR); a member of the Oversight Committee of the project "The Contractualised distress resolution in the shadow of the law: Effective judicial review and oversight of insolvency and pre-insolvency proceedings" (see <https://www.codire.eu/>); and she is the National Correspondent, Case Law on UNCITRAL Texts (CLOUT).

Research interests: the relation between private and public international law; harmonisation of commercial laws; the role of international organisations in international commercial law-making and implementation; decision processes in commercial international law-making and implementation; intersection of corporate and insolvency law; directors' duties; intersection of commercial entities' and financial institutions' insolvency; MSMEs insolvency; enterprise groups and multinational enterprises. Research methods include: empirical, comparative, inter-disciplinary.

Forthcoming publications:

The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps (Oxford University Press, forthcoming 2018). See: https://global.oup.com/academic/product/the-future-of-cross-border-insolvency-9780198782896?q=9780198782896&lang=en&cc=gb

'The Modular Approach to Micro, Small, and Medium Enterprise Insolvency' with JP Sarra, RB Davis, I Tirado, R Mokal, S Madaus, B Romain and A Mazzoni, (<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2904858>)

'Insolvency of Corporate Groups Under the New Insolvency Regulation: Progress or Reason for Concern?' in Hess/Oberhammer/Bariatti/Koller/Laukemann/Requejo Isidro/Villata (eds.), The Implementation of the New Insolvency Regulation - Improving Cooperation and Mutual Trust, Nomos/Hart, Baden-Baden/Oxford 2017

Policy work/ Reports include:

UNCITRAL Working Group V (Insolvency Law): advisor to UK delegation (2006-2013); World Bank representative (2013-2015); advisor to World Bank delegation (2015- present); Expert Group member (2013- present)

World Bank: Senior Counsel, Head of Insolvency and Creditor-Debtor regime initiative and Head of World Bank insolvency global task force (2013-2015); Consultant (2015- present). Author and co-author of World Bank Reports on the Observance of Standards and Codes (2013-2015)

FSB (Financial Stability Board) Resolution Legal Expert Group, World Bank expert advisor (2014-2015)

Insolvency Service, stakeholders group on the revision of the EU Insolvency Regulation (2009-2013)

International Insolvency Institute, Committee on International Jurisdiction and Cooperation, expert advisor (2008-2013)

EBRD, Consultant (2004)

Publications (most publications are available on http://eprints.nottingham.ac.uk)

Books

'Insolvency within Multinational Enterprise Groups' (Oxford University Press, 2009)

[reviewed in INSOL W.2009 ,4, 9; Spanish Yearbook of Private International Law, IX, 2009, pp. 1399-1401; ICCLR (2010) 21(11), 392-393; Legal Studies, Vol. 30 No. 4, December 2010, pp. 674-693; BFLR (2011) 26(2), 377-380]

Book chapters

'Is the future bright for enterprise groups in insolvency? -analysis of the new recommendations of UNCITRAL on the domestic aspects' in P. J. Omar, (ed.) International Insolvency Law: Reforms and Challenges (Ashgate, 2013)

Journal papers

'Beyond the search for certainty- addressing the cross-border resolution gap' Brooklyn Journal of Corporate, Financial & Commercial Law (2015), pp. 183-223 [reproduced in Annual Review of International Law (2015), pp. 761-816]

'Cross-border insolvency of groups: the choice of law challenge', Brooklyn Journal of Corporate, Financial & Commercial Law 9(1) (2014), pp. 226-249

'Enterprise Groups in Insolvency: Recent International Developments', Annual Review of Insolvency Law (ARIL) (2014), pp. 495- 514

'Forum Shopping in Times of Crisis: A Directors' Duties Perspective' 4 European Corporate and Financial Law Review (ECFR) (2013), pp. 523-553

'The role of enterprise principles in shaping management duties at times of crisis' 14 European Business Organization Law Review (EBOR) (2013) pp. 471-496

'INSOL Europe's Proposals on Groups of Companies in Cross-Border Insolvency: a Critical Appraisal' 21 (3) International Insolvency Review (IIR) (2012), pp. 1-23

'On the road to Universalism: a Comparative and Empirical Study of UNCITRAL Model Law on Cross-Border Insolvency' 12 European Business Organization Law Review (EBOR) (2011), pp. 517-557

'European Insolvency Law in a Global Context' 7 Journal of Business Law (JBL) (2011) pp. 666-681

'Transaction Avoidance in Bankruptcy of Corporate Groups' 2 European Company and Financial Law Review (ECFR) (2011), pp. 235-258

'Jurisdiction in insolvency - a study of European courts' decisions' 6(2) Journal of Private International Law (JPIL) (2010), pp. 327-357 [paper cited by the EU Commission Impact Assessment, Revision of Regulation (EC) No 1346/2000 on Insolvency Proceedings, 12.12.2012]

'Towards a Consensus on the Treatment of Multinational Enterprise Groups in Insolvency' 18 Cardozo J. Int'l & Comp. L. 359 (2010), pp. 359-424

'The Home Country of a Multinational Corporate Group Facing Insolvency' 57 International Comparative Law Quarterly (ICLQ) (2008), pp. 427-448

'Appropriate treatment of corporate groups in insolvency- a universal view' 8(2) European Business Organization Law Review (EBOR) (2007), pp. 179-194

'The road to a suitable and comprehensive global approach to insolvencies within multinational corporate groups' 15(5) Norton J. Bank. L. & Prac. (2006) 455, pp. 455-564 [paper awarded gold medal prize by the International Insolvency Institute]

'Centralizing insolvencies of pan-European corporate groups: a creditor's dream or nightmare?' Journal of Business Law (JBL) (2006), pp. 468-486

'Caveat Emptor: What Consumers of Insolvency Law Regimes Need to Know' 14 International Insolvency Review (IIR) (2005) pp. 187-199 (with Uttamchandani M., Harmer, R., Cooper N) [paper cited in the G20 SME Financial Inclusion Report that was delivered to the G20 in G20 Seoul Summit 2010].

Other Publications

'Developments in Cross-Border Insolvency: Europe and Beyond', Law, Justice and Development Week, World Bank Group, 20-24 October 2014, available at http://www.worldbank.org/en/events/2014/10/20/law-justice-and-development-week-2014#1

'The New Proposed Regime for Corporate Groups in Insolvency: a critical note', Corporate Rescue and Insolvency (CRI) (2013), pp. 89-90

'The Prospect of Standardization of Insolvency Laws in Europe INSOL Europe' Substantive Harmonization and Convergence of Laws in Europe, INSOL Europe Academic Forum Annual Conference Booklet, (2012), pp. 17-26

'Multinational Enterprise Groups in Insolvency: A comment on UNCITRAL work and future prospects within the EU', 2011 "Legal research papers" - "Quaderni di ricerca giuridica" (a publication of the Bank of Italy)

Review of Israël, European Cross-Border Insolvency Regulation (Mortsel: Intersentia Publishers, 2007) Common Market Law Review 1200-1202

Legal Indicator Survey 2004, Transition report: Infrastructure (EBRD, 2004), 17-23 (with Uttamchandani M., Harmer, R., Cooper N)

Conference papers and public presentations (selected):

A New Model Law for Facilitating the Cross-Border Insolvency of Multinational Enterprise Groups (International Association of Insolvency Regulators, London, September 6, 2017)

Financial Institution Failure: What is Different Now and Will the New Resolution Procedures Work in Practice? (Panel, International Insolvency Institute, London, June 19, 2017)

'The Modular Approach to the Insolvency of MSMEs' (UNCITRAL, Working Group V, NYC, USA, 10 May, 2017- presentation of; see: http://www.uncitral.org/uncitral/en/data/whats_new/2017_05_presentations.html;ssrn paper cited in UNCITRAL working paper; see: https://daccess-ods.un.org/TMP/7654567.36087799.html)

'COMI post BREXIT', Brooklyn Law School, A Roundtable Discussion, The impact of Brexit on Cross-Border Bankruptcy Practice, 15 May 2017

Global Initiative on MSME Insolvency (Annual Review of Insolvency Law, Montreal, 17 February 2017)

'Insolvency of Corporate Groups Under the New Insolvency Regulation: Progress or Reason for Concern?' (Max Planck Institute, Luxembourg, 7 October 2016)

'Directors obligations in a group context' (International Insolvency Institute Annual Conference, Tokyo, Japan, 5-7 June 2016)

'Beyond the search for certainty- addressing the cross-border resolution gap', (Annual Review of Insolvency Law (ARIL), February 5, 2016, Vancouver, Canada)

'Avoidance of Security Interests in EU Cross-Border Insolvencies' (Security Rights and the EU Regulation, International Centre Majorana in Erice, Italy, 19 October 2015)

Annual Conference, International Insolvency Institute (iii), 'Enterprise Groups in Insolvency: Developments of International Standards' (16 June, 2015 Naples, Italy)

'The new UNCITRAL projects - enforcement of judgments, international groups, directors' duties in a group context', INSOL International Academics' Group, 17th Colloquium INSOL International Academic Forum (San Francisco, March 21-22, 2015)

'Beyond the search for certainty- addressing the cross-border resolution gap', Brooklyn Journal of Corporate, Financial & Commercial Law Symposium, The treatment of financial contracts in insolvency and in resolution (New York, February 28, 2015)

'Cross-border insolvency of groups: the choice of law challenge', Brooklyn Journal of Corporate, Financial & Commercial Law Symposium, Choice of Law in Cross-Border Bankruptcies (New York, March 7, 2014)

'Enterprise Groups in Insolvency: Recent International Developments', Annual Review of Insolvency Law (ARIL) (February 20-21, 2014, Vancouver, Canada)

'Corporate governance - balancing the roles of the board of directors, trustees and others', International Association of Insolvency Regulators (International Association of Insolvency Regulators, 2014 Annual Conference, "Innovation in Insolvency Regulation", September 9-11, 2014, World Bank HQ, Washington DC)

'Facilitating the cross-border insolvency of enterprise groups', UNCITRAL International Insolvency Colloquium (16-18 December, 2013, Vienna International Centre, Vienna, Austria)

'Directors' pre-insolvency obligations in the group context' UNCITRAL International Insolvency Colloquium (16-18 December, 2013, Vienna International Centre, Vienna, Austria)

'Realizing assets across borders and the problems caused by lack of harmonization', International Association of Insolvency Regulators (International Association of Insolvency Regulators, 2013 Annual Conference, "Managing an Insolvency Regime in a Difficult Financial Economic Climate", 24-26 September, Edinburgh, Scotland)

'Guidelines For Coordination of Multi-National Enterprise Group Insolvencies, International Insolvency Institute Annual Conference' (17-18 June, 2013, Columbia University, New York)

Widening the scope of the Regulation - pre-insolvency procedures and groups of companies, in Reforming the European Insolvency Regulation - a legal and policy perspective (12 June 2013, University of Leeds)

Presentation of 'Guidelines For Coordination of Multi-National Enterprise Group Insolvencies' (International Insolvency Institute Annual Conference, 21-22 June, 2012, Paris)

'Bankruptcy of Corporate Groups and Transaction Avoidance' (1 October 2010, 5th ECFR (European Company and Financial Law Review) Symposium, Brussels)

'Multinational Enterprise Groups in Insolvency: UNCITRAL work and future prospects within the EU' (11 June 2010, Central Bank of Italy, Rome)

Presentation of the proposal by the delegation of the United Kingdom for the development of guidelines on directors' and officers' responsibilities and liabilities in insolvency and pre-insolvency cases' (UNITED NATIONS COMMISSION FOR INTERNATIONAL TRADE LAW (UNCITRAL) thirty-seventh session of Working Group V (Insolvency Law)- in the capacity of an expert adviser to the UK delegation, Department for Business, Innovation & Skills (BIS) (19-23 April 2010, New York))

Congress "Modern Law for Global Commerce", United Nations Commission on International Trade Law (UNCITRAL) (9- 12 July 2007, Vienna International Centre, Vienna, Austria), roundtable on insolvency

'Insolvency of Corporate Groups- Policy Options on Domestic Approaches', UNCITRAL / INSOL 3rd International Insolvency Expert Colloquium (14-16 November 2005, Vienna International Centre, Vienna, Austria)

Current administration and teaching

Irit is the Co-Director of the research students program at the school of law; she supervises several PhD students; and teaches on the postgraduate program (international aspects of corporate law and insolvency, convenor) and the undergraduate program (company law, convenor; principles of insolvency law)

Current PhD students:

Susan Morgan, CVA 'purpose and outcomes'

Christos Andrikopoulos, ​SMEs clustering: Towards a reform of the EU legal framework for achieving growth (co-supervised with Professor Jeff Kenner)

Alessandra De Angelis, The Europeanisation of defense equipment markets (co-supervised with Professor Wyn Rees and Professor Jan-Hinrik Meyer-Sahling, School of Politics and International Relations).

Research Summary

Insolvency law; European and International Insolvency; Cross-border resolution; Company law; Corporate groups; International commercial law

Recent Publications

  • 2017. The Modular Approach to Micro, Small, and Medium Enterprise Insolvency Available at: <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2904858>
  • 2015. BEYOND THE SEARCH FOR CERTAINTY: ADDRESSING THE CROSS-BORDER RESOLUTION GAP Brooklyn Journal of Corporate, Financial and Commercial Law. 10(1), 183-223
  • 2014. Enterprise Groups in Insolvency: Recent International Developments Annual Review of Insolvency Law (ARIL). 495-514
  • 2014. Cross-border insolvency of groups: the choice of law challenge Brooklyn Journal of Corporate, Financial and Commercial Law. 9(1), 226-249

Christos Andrikopoulos, ​SMEs clustering: Towards a reform of the EU legal framework for achieving growth (co-supervised with Professor Jeff Kenner)

Alessandra De Angelis, The Europeanisation of defense equipment markets (co-supervised with Professor Wyn Rees and Professor Jan-Hinrik Meyer-Sahling, School of Politics and International Relations).

I am interested in supervising PhD students in the areas of: company law, insolvency, cross-border insolvency and resolution, international commercial law, debtor-creditor regimes and development, business structures.

  • 2017. The Modular Approach to Micro, Small, and Medium Enterprise Insolvency Available at: <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2904858>
  • 2015. BEYOND THE SEARCH FOR CERTAINTY: ADDRESSING THE CROSS-BORDER RESOLUTION GAP Brooklyn Journal of Corporate, Financial and Commercial Law. 10(1), 183-223
  • 2014. Enterprise Groups in Insolvency: Recent International Developments Annual Review of Insolvency Law (ARIL). 495-514
  • 2014. Cross-border insolvency of groups: the choice of law challenge Brooklyn Journal of Corporate, Financial and Commercial Law. 9(1), 226-249
  • MEVORACH, I., 2013. Is the future bright for enterprise groups in insolvency?- an interim analysis of the current deliberations of UNCITRAL Working Group V. In: P OMAR, ed., International Insolvency Law: Reforms and Challenges Ashgate.
  • I MEVORACH, 2013. The role of enterprise principles in shaping management duties at times of crisis European Business Orgnisation Law Review (EBOR). 471-496
  • MEVORACH I, 2013. The new proposed regime for EU corporate groups in insolvency: a critical note Corporate Rescue and Insolvency (CRI).
  • 2013. Forum Shopping in Times of Crisis: A Directors' Duties Perspective European Company and Financial Law Review (ECFR). 524-553
  • MEVORACH, I., 2012. The Prospect of Standardization of Insolvency Laws in Europe INSOL Europe, Papers from the INSOL Europe Academic Forum Annual Conference, Venice, Italy, 2011.
  • MEVORACH I., 2011. Bankruptcy of Corporate Groups and Transaction Avoidance European Corporate and Financial Law Review (ECFR). 235-258
  • MEVORACH I., 2011. European Insolvency Law in a Global Context Journal of Business Law (JBL). 666-681
  • MEVORACH, I., 2011. On the road to universalism: a comparative and empirical study of the UNCITRAL model law on cross-border insolvency European Business Organization Law Review. 12(4), 517-557
  • MEVORACH I., 2010. Multinational Enterprise Groups in Insolvency: A comment on UNCITRAL work and future prospects within the EU Legal research papers - “Quaderni di ricerca giuridica”, Banca D'Italia.
  • MEVORACH, I., 2010. Jurisdiction in insolvency - a study of European courts’ decisions Journal of Private International Law. 6(2), 327-357
  • MEVORACH I., 2010. Towards a Consensus on the Treatment of Multinational Enterprise Groups in Insolvency Cardozo Journal of International and Comparative Law (CJICL). 359-424
  • MEVORACH, I., 2009. Insolvency within multinational enterprise groups Oxford University Press.
  • MEVORACH, I., 2008. The home country of a multinational enterprise group facing insolvency International and Comparative Law Quarterly. 57(2), 427-448
  • MEVORACH, I., 2007. Appropriate treatment of corporate groups in insolvency- a universal view European Business Organization Law Review (EBOR). 179-194
  • MEVORACH, I., 2007. Review of Jona Israel, European Cross-Border Insolvency Regulation Common Market Law Review (CMLR). 1200-1202
  • MEVORACH, I, HUEPKES, E, BATRA S and WISIT W, COOPER N., 2007. Roundtable on Insolvency In: Congress Proceedings “Modern Law for Global Commerce” United Nations Commission on International Trade Law (UNCITRAL) (available at: http://www.cnudci.org/pdf/english/congress/09-83930_Ebook.pdf).
  • MEVORACH, I., 2006. The road to a suitable and comprehensive global approach to insolvencies within multinational corporate groups Journal of Bankruptcy Law and Practice (JBLP) (paper awarded gold medal prize by the International Insolvency Institute). 15(5), 455-564
  • MEVORACH, I., 2006. Centralising Insolvencies of Pan-European Corporate Groups: a Creditor's Dream or Nightmare? Journal of Business Law (JBL). 468-486
  • UTTAMCHANDANI, M., HARMER, R., COOPER, N. and MEVORACH, I., 2005. CAVEAT EMPTOR: WHAT CONSUMERS OF INSOLVENCY LAW REGIMES NEED TO KNOW International Insolvency Review (IIR) (paper cited in the G20 SME Financial Inclusion Report that was delivered to the G20 in G20 Seoul Summit 2010). 14, 187-199
  • UTTAMCHANDANI M, HARMER, R and COOPER N, MEVORACH I., 2004. Legal Indicator Survey 2004, Transition report: Infrastructure EBRD.

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