ŷ Insolvency and Business Law eJournal
ŷ Insolvency and Business Law eJournal (NIBLeJ) is a peer-reviewed academic journal published by the Centre for Business and Insolvency Law at the ŷ Law School, ŷ, the United Kingdom.
About ŷ Insolvency and Business Law eJournal (NIBLeJ)
NIBLeJ publishes contributions relevant to the research fields of insolvency and business law broadly defined to include aspects of corporate, commercial financial, property and other related and relevant areas. Although insolvency and business law are the key themes of the journal, contributions on any aspect of these disciplines will be welcomed, including interdisciplinary work involving these themes.
NIBLeJ publishes contributions in the English language. In exceptional cases, contributions may be published in another language, such publication to be decided on a case by case basis.
NIBLeJ is in the process of applying for inclusion in the ŷ Bibliography of the Social Sciences (IBSS) and may be accessed online at this website and via electronic databases.
Citation of NIBLeJ
The proper citation for this journal is in this form: .
Websites of interest
Insolvency Associations:
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NIBLeJ: (2025) 13 NIBLeJ Front Cover
NIBLeJ: (2025) 13 NIBLeJ 1 Navigating Cross-Border Insolvency in Nigeria: A Case for Reform and ŷ Alignment in Nigeria’s Insolvency Laws, Peter OTAIGBE
NIBLeJ: (2025) 13 NIBLeJ 2 Conditional Fee Agreements in Scotland, Risk Assessments in After – the- Event Insurance and Professional Conduct Rules, Zia AKHTAR
NIBLeJ: (2025) 13 NIBLeJ 3 The Algorithmic Collusion Dilemma in the Framework of Anti-Monopoly Law and Regulatory Strategies, Chen YANG
2024 NIBLeJ 12
NIBLeJ: (2024) 12 NIBLeJ 1 Corporate Financing through Crypto Securities and Financial Restructuring in the Case of Company Distress, Dominik SKAURADSZUN & Selina SCHWEIZER
NIBLeJ: (2024) 12 NIBLeJ 2 Navigating Legal Complexities: Enhancing Cross-Border Bankruptcy Cooperation between Mainland China and Hong Kong, Kai ZHANG
2023 NIBLeJ 11
(2023) 11 NIBLeJ 1 Trustees discretion in management powers, breach of exemption clauses and defences available to trustee, Zia Akhtar
(2023) 11 NIBLeJ 2 Asset wise resolution of Corporate Debtor: Liquidation in the garb of Resolution? Khushi Maheshwari & Chandrika Bothra
2022 NIBLeJ 10 (Part II)
(2022) 10 NIBLeJ 4 The Intersection of Corporate Law and Technology Hakan Sahin
(2022) 10 NIBLeJ 5 Building A Legal Framework to Facilitate The Transformative Potential of Digital Economies Rebecca Parry
(2022) 10 NIBLeJ 6 Mapping Existing Risks and Obstacles to Legal Redress Within Unpermissioned Blockchain Technology Akrum El Menshawy
(2022) 10 NIBLeJ 7 Corporate Digital Responsibility in Big Tech Governance: Fiduciary Responsibility and Legitimacy of Minority Shareholders´ and Investors´ Claims in Tech Giants Gilberto Martins de Almeida Pedro Borges de Carvalho
(2022) 10 NIBLeJ 8 Applying Stakeholder Theory to Analyse the Feasibility and Applicability of CSR in High-Tech Companies Xiaocong Liu
(2022) 10 NIBLeJ 9 Alignment of a Traditional Cooperative Identity to the Design of Decentralised Autonomous Organisations Alexander Gurkov
(2022) 10 NIBLeJ 10 Potential Implementation of Blockchain Technology by Non-Governmental Organizations and the Legal Framework of the Tokenization for Donations Bedrettin Gurcan
2022 NIBLeJ 10 (Part I)
(2022) 10 NIBLeJ 0 Front Cover
(2022) 10 NIBLeJ 1 The Transposition of the Directive on Preventive Restructuring Frameworks into Greek Law Dominik Skauradszun Georgia Tsignopoulou
(2022) 10 NIBLeJ 2 Regulating Corporate Social Responsibility in the mid of COVID-19 Pandemic Shiyu He Weixia Luan
(2022) 10 NIBLeJ 3 Improving The Regulation of Insolvency Practitioners in the UK and Australia. Would A Single Regulator Help? Paula Moffatt Rosalind Mason Michael Murray
2021 NIBLeJ 9
(2021) 9 NIBLeJ 0 Front Cover
(2021) 9 NIBLeJ 1 Restructuring Companies During and After the Covid-19 Pandemic: A Law & Economics Approach Dominik Skauradszun
2020 NIBLeJ 8
(2020) 8 NIBLeJ 0 Front Cover
(2020) 8 NIBLeJ 01 The Financial Safety Net: Financial Stability and Depositor Protection in The Era of FinTech and Cryptocurrency Tirichmir Gumbs
(2020) 8 NIBLeJ 02 Virginia Torrie, Reninventing Bankruptcy Law, A History of the Companies’ Creditors Arrangement Act Rebecca Parry
(2020) 8 NIBLeJ 03 Sarah Paterson, Corporate Reorganisation Law and Forces of Change Stephen Gwaza
2019 NIBLeJ 7
(2019) 7 NIBLeJ 0 Front Cover
(2019) 7 NIBLeJ 01 The Toolbox for Cross-Border Restructurings Post-Brexit – Why, What & Where? Dominik Skauradszun & Walter Nijnens
(2019) 7 NIBLeJ 02 Is the Balance of Power in UK Insolvencies Shifting? Rebecca Parry & Stephen Gwaza
(2019) 7 NIBLeJ 03 Secured Transactions and Article 9 of the UCC: The Role of Banks as Secured Creditors in Lending Money for Real Estate Purchase in the US, Zia Akhtar
(2019) 7 NIBLeJ 04 Compromises with Creditors – New Zealand Supreme Court Considers the Issue of whether Creditors’ Economic Interests are Relevant to Class Composition, Victoria Stace
2018 NIBLeJ 6
(2018) 6 NIBLeJ 0 Introduction to this special Partnership Edition of NIBLeJ
(2018) 6 NIBLeJ 01 Guest Editorial, Elspeth Berry
(2018) 6 NIBLeJ 02 Legal Problems Associated with the Identification of Partnerships, David Milman
(2018) 6 NIBLeJ 03 The Moral Hazard of Limited Liability? An Empirical Scottish Study, Jonathan Hardman
(2018) 6 NIBLeJ 04 Can a Partner also be an Employee or Worker of the Partnership, Geoffrey Morse
(2018) 6 NIBLeJ 05 A Weak Vessel? Why the Insolvency Regime for Partnerships and LLPs is Failing to Protect the Salvage or Diminish the Number of Wrecks, Elspeth Berry
(2018) 6 NIBLeJ 06 Reform of Partnership Law in the Netherlands: Proposal for Liability and Restructuring, Prof. Dr I.S. Wuisman & Prof. Dr H.E. Boschma
(2018) 6 NIBLeJ 07 Current Problems in Italian Partnership Law, Marco Speranzin
(2018) 6 NIBLeJ 08 Interest Dilution as Contribution-Default Remedy in LLCs and Partnerships, Bradley T. Borden* & Douglas L. Longhofer
2017 NIBLeJ 5
(2017) 5 NIBLeJ 0 Frontispiece (Volume 5)
(2017) 5 NIBLeJ 01 Welcome to the Fifth Volume Volume of NIBLeJ, Paula Moffatt
(2017) 5 NIBLeJ 02 Municipal Bankruptcy Law: A Solution Which Should Not Become a Problem, Eugenio Vaccari
(2017) 5 NIBLeJ 03 Pushing the Boundaries between Competition and Insolvency Law: Pre-packing in the UK, Matthijs Van Schadewijk
(2017) 5 NIBLeJ 04 The European Initiative on the Harmonisation of Directors’ Duties in the Vicinity of Insolvency, Robbert Goosens
(2017) 5 NIBLeJ 05 Financing Corporate Rescue – The Dutch Approach. A Cross-Border Comparison, Tjalling Bosker
(2017) 5 NIBLeJ 06 Book Review, Rethinking Corporate Governance in Financial Institutions, Rebecca Parry
(2017) 5 NIBLeJ 07 Cross-border Insolvencies after Brexit: Challenges and Recommendations, John Wood
2016 NIBLeJ 4 (Part II)
Welcome to the Fourth Volume of NIBLeJ. Jennifer L L Gant.
Sense of Modesty: Germany’s Progress towards Corporate Rescue. Annika Wolf.
Ranking of Creditors in Insolvency: An Empirical Debate On Optimal Harmonization Practices. Eugenio Vaccari.
Bank Resolution Funding – What Alternatives to Bailout? Aleksandra Pajic.
Convergence of Social Policy, Employment and Labour: The European Equation. Jennifer L L Gant.
2016 NIBLeJ 4 (Part I)
Frontispiece (Volume 4).
Welcome to the Fourth Volume of NIBLeJ. Paula Moffatt.
A Theory on Abusive Forum Shopping in Insolvency Law. Amir Adl Rudbordeh.
The Jurisdictional Paradox in the Insolvency Regulation. Zoltán Fabók.
Corporate Insolvency and Employment Protection: A Theoretical Perspective. Hamiisi Junior Nsubuga.
Drivers of Insolvency Reforms in Kenya. Fancy Chepkemoi Too.
The Dutch Pre-Pack: An Alternative on the Rise? Stef Vullings.
Frontispiece (Volume 3).
Forward and Encomium. David Burdette.
Conflated Arrangements: Comments on the Company Voluntary Arrangements in the Proposed Nigerian Insolvency Act 2014. Bolanle Adebola.
Foreign Revenue Laws. Hamish Anderson.
Less is More in ŷ Private Law. Susan Block-Lieb and Terence C. Halliday.
The Pro-Creditor Approach in South African Insolvency Law and the Possible Impact of the Constitution. André Boraine, Roger Evans, Melanie Roestoff and Lienne Steyn.
Bankruptcy, Arbitration Agreements and the Access to Justice. Judge Eric Dirix.
Path Dependent Obstacles to Cross-Border Insolvency: a Social Darwinian Perspective. Jennifer L. L. Gant.
Directors’ Duties to Creditors: A Doctrinal Mess. Anil Hargovan.
The Waxing and Waning of the Tides: From the Isle of Man to Bermuda. Mr Justice Paul Heath.
“Relashio!”: Liberating the Common Law on Judicial Cooperation from its State of Arrested Development - The British Atlantic and Caribbean World. Chief Justice Ian Kawaley.
Challenging Payments made by Insolvent or Near Insolvent Companies. Andrew Keay.
Reform, Counter Reform and Transatlantic Rapprochement in the Law of Personal Bankruptcy. Jason Kilborn.
The Uneasy Case for Schemes of Arrangement under English Law in Relation to non-UK Companies in Financial Distress: Pushing the Envelope? Lucas Kortmann and Michael Veder.
Insolvency Academics Contributing to the Review of Insolvency Laws: An Australian Perspective. Rosalind Mason.
Plus Ça Change, Plus C’est La Même Chose? The Reform of Bankruptcy Law in Scotland. Donna Mckenzie Skene.
Europeanisation of the Member States’ Insolvency Laws. Christoph G. Paulus.
The Limits of Limited Liability. Harry Rajak
The Kekhman Quintessence: What is English Personal Insolvency Law For? John Tribe.
Insolvency Proceedings for Members of Company Groups: European Legislation is Nearing Completion. Judge Heinz Vallender.
Giving Effect to Foreign Restructuring Plans in Anglo-US Private ŷ Law. Adrian Walters.
Cross-Border Cooperation in the United States: A Retreat or Merely a Pause? G. Ray Warner.
The Remington Rand Affair. Bob Wessels.
Is Corporate Rescue a Realistic Ideal? Business as Usual in Australia and the United Kingdom. Colin Anderson and David Morrison.
4:3:2:1... Fair Distribution of Appointments or Countdown to Catastrophe?✝ South Africa’s Ministerial Policy for the Appointment of Liquidators under the Spotlight. David Burdette and Juanitta Calitz.
The Role of Directors in Corporate Rescue in France and the United Kingdom: An Overview. Alexandra Kastrinou.
Foreign Law and Public Policy in the UNCITRAL Model Law on Cross-Border Insolvency: A Transatlantic Perspective. Gerard McCormack.
The European Union Special Resolution Mechanism: A Necessary Fix? Paula Moffatt.
Applications for Sale of the Family Home after One Year of Bankruptcy: A Creditor’s Prerogative? Mark Pawlowski and James Brown.
Recalling The Public Interest in Personal Insolvency Law: A Note on Professor Fletcher’s Foresight. Joseph Spooner.
Ian Fletcher and the ŷist Principle. Jay Westbrook.
Diffusion of the Principle in Cambridge Gas: A Sad and Singular Deflation. Paul Omar
Frontispiece (Volume 2).
Welcome to the Second Volume of the ŷ Insolvency and Business Law e-Journal. Paul Omar.
The Nature and Purpose of Transaction Avoidance in English Corporate Insolvency Law. Hamish Anderson.
The Nature and Purpose of Transaction Avoidance Appendix One. Hamish Anderson.
The Regulation of Corporate Insolvency Practitioners: 25 Years on from The Harmer Report (or Everything Old is New Again!). Jennifer Dickfos.
The Regulation of Corporate Insolvency Practitioners Appendix One. Jennifer Dickfos.
Social Policy and Insolvency: Struggles towards Convergence. Jennifer L.L. Gant.
Some Observations on the Significance of Time within Insolvency Processes under English Law. David Milman.
Corporate Rescue: The South African Business Plan Examined. Elizabeth Snyman-Van Deventer and Lézelle Jacobs.
Welcome to Part Two of the Second Volume of the ŷ Insolvency and Business Law e-Journal (NIBLeJ). Paul Omar.
The Uneasy Case for Bankruptcy Legislation and Business Rescue. Jan Adriaanse.
Out of Court Administration Appointment Reform: Hardy Solution or Another Fine Mess? Chris Umfreville.
Frontispiece (Volume 1).
Welcome to the ŷ Insolvency and Business Law e-Journal (NIBLeJ). Paul Omar.
Discretion or Obligation to Seek Directions: The Administrator and Rejected Proposals. Bolanle Adebola.
Non-Petition Clauses. Hamish Anderson.
Protecting Bank Depositors after Cyprus. Andrew Campbell and Paula Moffatt.
Credit Where Credit's Due: the Effect of Devolution on Insolvency Law in Scotland. Donna McKenzie Skene.
Editorial Policy
Aims and Theory
NIBLeJ publishes contributions relevant to the research fields of insolvency and business law broadly defined to include aspects of corporate, commercial financial, property and other related and relevant areas. Although insolvency and business law are the key themes of the journal, contributions on
any aspect of these disciplines will be welcomed, including interdisciplinary work involving these themes.
Editorial Policy
The scholarly rigour and the contribution that the manuscript makes to the development of legal scholarship, serve as primary criteria for acceptance of submissions for publication. However, submissions dealing with practical aspects of the insolvency and business law fields will also be considered.
Contributions submitted for publication are subjected to anonymous review by expert referees.
Manuscripts must be submitted electronically in a format which is accessible in a word processing package working in the WINDOWS environment, preferably MS Word. The language of all manuscripts must be properly checked for correctness, and the manuscript must be prepared in accordance with the Style and Citation Guide.
Copyright
Copyright in all material published in NIBLeJ vests in the author, provided that authors grant, by submission of their contributions for publication, permission that their contributions may be downloaded without restriction. An author furthermore agrees that the same contribution may not be published
elsewhere without the written permission of the editor.
Anyone gaining access, electronically or otherwise, to a contribution to the NIBLeJ, may quote from such contribution, use the intellectual content thereof, discuss and multiply it, but subject to the following conditions:
- the name(s) of the author(s), the full title and the bibliographical reference must be cited in full, and correctly where the material is quoted, used, discussed or multiplied, and
- the copyright of the author(s) may not be infringed in any way.
Editorial Board
Editor
- Jingchen Zhao
Assistant Editors
- Professor Rebecca Parry
- Professor Adrian Walters
- Gary Wilson
- Ms Elspeth Berry
- Dr Janice Denoncourt
- Dr Mohd Hwaidi
Editorial Advisory Board
- Hamish Anderson (Norton Rose Fulbright LLP, London, United Kingdom; Honorary Professor, ŷ Law School, ŷ, United Kingdom)
- Professor Stefania Bariatti (Milan Law School, Milan, Italy)
- Professor Aishah Bidin (Universiti Kebangsaan Malaysia, Kuala Lumpur, Malaysia)
- Professor Susan Block-Lieb (Fordham University School of Law, New York, USA)
- Professor Andre Boraine (Faculty of Law, University of Pretoria, Pretoria, South Africa)
- Professor (Emeritus) Andrew Campbell (School of Law, The University of Leeds, UK)
- Professor David Brown (Adelaide School of Law, Adelaide, Australia)
- Professor José Garrido (Senior Counsel, The World Bank)
- Mr Justice Paul Heath (High Court of New Zealand)
- Professor Jason Kilborn (John Marshall Law School, Chicago, USA)
- Professor Rosalind Mason (School of Law, Queensland University of Technology, Brisbane, Australia)
- Dr Benhajj Masoud (Open University of Tanzania, Msasani, Tanzania)
- Mr Justice Norris (High Court of Justice, London, United Kingdom)
- Professor Janis Sarra (University of British Columbia School of Law, Vancouver, Canada)
- Dr Jessica Schmidt (University of Jena, Jena, Germany)
- Richard Sheldon QC (Chambers, 3/4 South Square, London, United Kingdom; Honorary Professor, ŷ Law School, ŷ, United Kingdom)
- Professor Kathleen van der Linde (University of Johannesburg Faculty of Law, Johannesburg, South Africa)
- Professor Michael Veder (Faculty of Law Radboud Universiteit Nijmegen, The Netherlands)
- Dr Signe Viimsalu (University of Tartu, Tartu, Estonia)
- Professor (Emeritus) Bob Wessels (Leiden Law School, Leiden, The Netherlands)
- Dr Haizheng Zhang (Beijing Foreign Studies University, Beijing, People’s Republic of China)
General Information
Contributions are considered for publication with the understanding that they will be submitted anonymously to expert referees with a view to their suitability for publication. The editors reserve the right to make such changes to a contribution that are in their judgment desirable for the purposes of conforming to the NIBLeJ Style and Citation Guide , correct language and clarity.
A contribution will be referred to a least two referees, but the editors may, in cases of conflicting findings, approach additional referees.
Details of Author
The author's initials and surname, title, academic qualifications, present position and the institution to which he / she is affiliated must be provided to the editors.
Different Categories of Contributions
A distinction is made between articles, notes, case notes and reviews. The author has to indicate in which of these categories the contribution should be considered. The editors reserve the right to make the final determination of the appropriate category. From time to time papers of eminent guest lecturers will also be published under a special rubric. An article is considered to be a substantial original contribution of high scholarly standard. For notes, case notes and reviews, the same rigour is required, though they may be shorter contributions on material of shorter-term topicality.
Abstract
Articles should on submission be accompanied by an abstract of about 250 words in English.
Style and Format
Contributions of up to 12,000 words including footnotes must be prepared to conform to the requirements of the NIBLeJ Style and Citation Guide and must be submitted electronically to the Editor in a format which is compatible with a word-processing package which works in the WINDOWS environment, preferably MS Word. The contribution must also be properly language-edited. is attached for ease of reference.
IBSS AccreditationThe editors have applied for IBSS accreditation, but have been informed that IBSS is currently transitioning to a new editorial system and currently cannot add any new titles until the transition is complete. IBSS hopes to be in the new editorial system by the end of the second quarter of 2017, at which point it will conduct a full review of journal requests.
Submission of Manuscripts
Submission of manuscripts may be directed to:
The Editor: Jingchen Zhao