Kristin van Zwieten

Clifford Chance Associate Professor of Law and Finance

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Harris Manchester College

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Biography

Kristin was appointed to the position of Clifford Chance University Lecturer in Law and Finance and Fellow of Harris Manchester College in September 2013.  Kristin holds law degrees from the University of NSW and Oxford (BCL, M Phil in Law, D Phil in Law).  

Prior to taking up her position at Oxford, Kristin was a Fellow in Law at Trinity Hall, Cambridge.  She has also been a visitor to Columbia Law School and the University of Melbourne, and an occasional lecturer at the University of Hamburg.

Kristin is a Research Member of the European Corporate Governance Institute (ECGI). Her research interests include corporate insolvency law, company law, law and finance, and law and financial development.  She has acted as a consultant in relation to various insolvency law reform projects in emerging markets, including for the World Bank. She is a member of the Insolvency Law Taskforce.

Kristin previously qualified as a solicitor in an Australian corporate law firm.  She is a member of the technical committee of the Insolvency Lawyers' Association in the UK. 

Current research projects include: Co-investigator, 'Law, Development and Finance in Rising Powers', ESRC Rising Powers and Interdependent Futures grant, 2013-2015.

Publications

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  • van Zwieten, 'Director liability in insolvency and its vicinity' (2018) Oxford Journal of Legal Studies (forthcoming)
  • Ross Cranston, Emilios Avgouleas, van Zwieten and Christopher Hare, Principles of Banking Law (3rd edn Oxford University Press 2018)
  • van Zwieten, 'Related party transactions in insolvency' in Luca Enriques and Tobias Tröger (eds), Related party transactions (CUP 2018) (forthcoming)
  • van Zwieten, 'Corporate Rescue in India: The Influence of the Courts' (2015) Journal of Corporate Law Studies 1
    Abstract: India is poised for significant reform to its corporate insolvency laws, including the introduction of a new rescue procedure. The reforms follow two decades of sustained criticism of the law, critics complaining of lengthy delays and a range of related costs in the disposal of proceedings. This article focuses on the most notorious of India’s existing insolvency procedures, a corporate rescue procedure established under the Sick Industrial Companies (Special Provisions) Act 1985. On the eve of its repeal, the article presents the results of an investigation into how this Act operated over time, and why. Its central contribution is to report new evidence of the influence of the courts on the operation of the Act. The article reveals how key provisions of the Act were interpreted and reinterpreted by judges in attempts to rescue companies destined for liquidation, and to protect some of their stakeholders (especially employees) in the interim. The evidence of these innovations offers a new and compelling explanation for why the rescue procedure became slow and costly. Acknowledging and understanding the influence of the courts on the operation of this procedure may help to guard against India’s new corporate rescue procedure suffering a similar fate.
  • van Zwieten, 'The Insolvency Provisions of the Cape Town Convention and Protocols: Historical and Economic Perspectives' (2012) 1 Cape Town Convention Journal 53
    Abstract: The insolvency provisions of the Cape Town Convention and associated Protocols are considered integral to the achievement of the economic objectives of the Convention project. This article begins with the history of the insolvency provisions, tracing their evolution from a modest rule for the recognition of Convention interests in insolvency to a robust package of substantive rules on the effectiveness, priority, avoidance, and enforcement of Convention interests in insolvency proceedings. It then turns to consider the provisions in detail, illustrating their likely application with some hypothetical scenarios featuring airline and railroad debtors. The concluding section discusses the perceived significance of the insolvency provisions to the Convention project as a whole, and their predicted economic impact.
  • van Zwieten, 'Certainty and flexibility: why Bofinger matters' (2010) 4 Journal of Equity 71 [Case Note]
  • van Zwieten and RP Austin, 'Termination and Setting Aside of Winding Up Orders' (2007) 81 Australian Law Journal 932

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