ABSTRACT

This introduction presents an overview of key concepts discussed in the subsequent chapters of the book. The book focuses on the cross-border insolvency of shipping companies. It analyses the key points of the systemic conflict between maritime and insolvency law, as well as the causes of these conflicts. The book also focuses on the economic perspective, with an analysis of the access of shipping companies to the money markets. It deals with issues arising out of the opening of insolvency proceedings by determining the main centre of interests of the shipping company or shipping enterprise group, as well as the effects deriving from such proceedings. The book considers issues relating to the legal status of secured creditors, both mortgagees and lienors, based on the type of insolvency proceedings and collateral. It examines the special regime of limitation of liability for maritime claims in general and for pollution claims, and the interaction between this regime and cross-border insolvency proceedings.