Developments in International Insolvency Law: Trends and Challenges

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (15 December 2025) | Viewed by 3540

Special Issue Editor


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Guest Editor
Nottingham Law School, Nottingham Trent University, Nottingham NG1 4FQ, UK
Interests: insolvency law; company law; regulation of emerging technologies

Special Issue Information

Dear Colleagues,

International insolvencies have seen many interesting developments in recent years, including:

  • In the development of restructuring tools, including prepacks, and cross border insolvency processes in recent years;
  • Many developments at EU level including an ambitious programme of harmonisation of selected areas, as well as work by other international groupings and organisations;
  • There have been common issues around crypto insolvencies, insolvencies of wide public impact, including distressed local public entities, and controversies around third-party releases;
  • There have been different approaches to the treatment of stakeholders in insolvencies and efforts to develop normative frameworks to balance different rights, including in cross border insolvencies;
  • There have been significant efforts to tailor insolvency laws for micro, small and medium enterprises.
  • Emerging technologies have also presented opportunities and challenges for insolvency laws.

These are just a few potential areas that illustrate some of the trends and challenges of insolvency law in an international context.  This Special Issue will offer an open-access platform indexed in Scopus and other databases.  It will provide an excellent platform to showcase quality work and based on previous editions it will gain a wide readership.

You may already be busy with other writing commitments and won’t have a suitable project for this but do let me know if there is anyone else who might be interested.

Prof. Dr. Rebecca Parry
Guest Editor

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Keywords

  • insolvency law
  • bankruptcies
  • cross-border insolvencies
  • stakeholders

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Published Papers (2 papers)

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Research

20 pages, 1155 KB  
Article
An Insolvency Toolkit for SMEs in Emerging Economies—A Spotlight on Uganda
by Hamiisi Nsubuga
Laws 2026, 15(1), 8; https://doi.org/10.3390/laws15010008 - 22 Jan 2026
Viewed by 895
Abstract
This article examines the subject of SME failures due to financial distress in emerging economies by focusing on Uganda as a case study. It adopts a convergent doctrinal and empirical approach, drawing on existing black letter law and literature alongside some of the [...] Read more.
This article examines the subject of SME failures due to financial distress in emerging economies by focusing on Uganda as a case study. It adopts a convergent doctrinal and empirical approach, drawing on existing black letter law and literature alongside some of the empirical data obtained from a survey of SME business owners impacted by financial distress, a survey of accredited insolvency practitioners and exchanges from a stakeholder workshop on SME insolvencies in Uganda. The article examines existing legal, regulatory and procedural frameworks on corporate rescue and the identified gaps exacerbating SME failures in unpacking why, despite the availability of these frameworks, business rescue as the policy objective of Uganda’s insolvency law has yet to be fully achieved. The article devises a recommended toolkit that if adopted, may guide the approaches needed to improve SME rescue, and meet legal and statutory objectives of Uganda’s insolvency frameworks to enhance economic stability. Full article
(This article belongs to the Special Issue Developments in International Insolvency Law: Trends and Challenges)
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29 pages, 378 KB  
Article
Small Firms, Big Gap: Rethinking MSME Rescue in EU Insolvency Law
by Emilie Ghio
Laws 2025, 14(6), 99; https://doi.org/10.3390/laws14060099 - 17 Dec 2025
Viewed by 1111
Abstract
This paper argues that despite two decades of reform, the European Union’s (EU) insolvency framework remains structurally and behaviourally inaccessible to micro-, small-, and medium-sized enterprises (MSMEs). While policy rhetoric has embraced the idea of a “rescue culture,” practical implementation has prioritised larger, [...] Read more.
This paper argues that despite two decades of reform, the European Union’s (EU) insolvency framework remains structurally and behaviourally inaccessible to micro-, small-, and medium-sized enterprises (MSMEs). While policy rhetoric has embraced the idea of a “rescue culture,” practical implementation has prioritised larger, well-resourced firms. Drawing on international guidance and case studies from Ireland, France, and the United States (US), the paper shows that legal reform alone is insufficient. Structural complexity, cultural stigma, and weak institutional outreach continue to block MSMEs’ access to rescue. The paper proposes a forward-looking agenda for EU reform centred on three pillars: legal simplification tailored to MSMEs, institutional scaffolding to enhance visibility and support, and cultural reframing to normalise restructuring as a second chance. It concludes that a functioning rescue culture must treat MSMEs not as scaled-down versions of large firms but as distinct users with unique constraints and capacities. Full article
(This article belongs to the Special Issue Developments in International Insolvency Law: Trends and Challenges)
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