Biography

Kristin van Zwieten is Clifford Chance Associate Professor of Law and Finance in the Law Faculty and the Gullifer Fellow at Harris Manchester College. She is Director of the Commercial Law Centre at Harris Manchester College, a Research Member of the European Corporate Governance Institute, and a co-founder and editor of the Oxford Business Law Blog. Prior to taking up her post at Oxford, Kristin was the John Collier Fellow in Law at Trinity Hall, Cambridge.

Kristin’s research interests are broadly in law and finance and law and development. She has a particular specialism in corporate insolvency law, and her published works in this area include Goode on Principles of Corporate Insolvency Law (5th ed, 2018) and Commentary on the European Insolvency Regulation (with Prof Dr Reinhard Bork and others, OUP, 2016). She acts as a consultant to the World Bank in relation to insolvency related law reform, and in this and other capacities has been involved in various insolvency law reform projects in emerging markets. She has a particular interest in Indian law, having completed a doctorate (in the Oxford Law Faculty) on the subject of Indian corporate insolvency law. Kristin previously qualified as a lawyer in an Australian corporate law firm.

Position Description

Associate Dean for Equality and Diversity

Publications

Recent additions

Journal Article (11)

K 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.
K 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.
K van Zwieten and RP Austin, 'Termination and Setting Aside of Winding Up Orders' (2007) 81 Australian Law Journal 932

Book (2)

K van Zwieten, Reinhard Bork, Georg Ringe and Renato Mangano and others, Commentary on the European Insolvency Regulation (2nd ed) (OUP 2021) (forthcoming)
Ross Cranston, Emilios Avgouleas, K van Zwieten and Christopher Hare, Principles of Banking Law (3rd edn Oxford University Press 2018)

Other (1)

Edited Book (2)

Chapter (2)

K van Zwieten, 'Related party transactions in insolvency' in Luca Enriques and Tobias Tröger (eds), Related party transactions (CUP 2018) (forthcoming)

Case Note (1)

K van Zwieten, 'Certainty and flexibility: why Bofinger matters' (2010) 4 Journal of Equity 71 [Case Note]

Blog posts by Kristin van Zwieten

15 Oct 2020

Bail-ins and Bail-outs Are Better than Bankruptcy: A Comparative Assessment of Public Policy Responses to COVID-19 Distress

By Kristin van Zwieten, Harris Manchester College | Horst Eidenmüller, St Hugh's College | Oren Sussman

Commercial Law Centre
27 Aug 2020

Bail-ins and Bail-outs Are Better than Bankruptcy: A Comparative Assessment of Public Policy Responses to COVID-19 Distress

By Kristin van Zwieten, Harris Manchester College | Horst Eidenmüller, St Hugh's College | Oren Sussman

Oxford Business Law Blog
04 May 2020

COVID-19 and Beyond: The Case for Creditor Cooperation Duties in Corporate Workouts

By Horst Eidenmüller, St Hugh's College | Kristin van Zwieten, Harris Manchester College

Oxford Business Law Blog
17 Apr 2020

The Wrong Target? COVID-19 and the Wrongful Trading Rule

By Kristin van Zwieten, Harris Manchester College

Commercial Law Centre
17 Apr 2020

COVID-19: A Global Moratorium for Corporate Bonds?

By Kristin van Zwieten, Harris Manchester College | Horst Eidenmüller, St Hugh's College | Luca Enriques, Faculty of Law

Commercial Law Centre
25 Mar 2020

The Wrong Target? COVID-19 and the Wrongful Trading Rule

By Kristin van Zwieten, Harris Manchester College

Oxford Business Law Blog
23 Mar 2020

COVID-19: A Global Moratorium for Corporate Bonds?

By Kristin van Zwieten, Harris Manchester College | Horst Eidenmüller, St Hugh's College | Luca Enriques, Faculty of Law

Oxford Business Law Blog
14 Nov 2018

The avoidance of related party transactions in insolvency

By Kristin van Zwieten, Harris Manchester College

Oxford Business Law Blog
13 Nov 2018

The avoidance of related party transactions in insolvency

By Kristin van Zwieten, Harris Manchester College

Commercial Law Centre
30 Oct 2018

Oxford Law special lecture series - The common law and finance: perspectives from the bench

By Kristin van Zwieten, Harris Manchester College

Commercial Law Centre
13 Dec 2016

The Future of Restructuring Law in Europe: Greater Harmonisation, but at What Cost?

By Horst Eidenmüller, St Hugh's College | Kristin van Zwieten, Harris Manchester College

Oxford Business Law Blog

Events organised by Kristin van Zwieten

Past events

01 Oct 2021

Friday - 12:30PM

Sustainable Finance in Europe: Corporate Governance, Financial Stability and Financial Markets - Book Launch

Venue

Online

01 Sep 2021

Wednesday - 5:00PM

Supporting Distressed Businesses in the COVID-19 Crisis: The View from France

Speaker

Geneviève Helleringer (chair); Nicolas Borga; Hélène Bourbouloux; Saam Golshani

Speaker Affiliation

University of Oxford; University of Lyon; FHB; White & Case

Venue

Online

21 May 2021

Friday - 3:00PM

International Roundtable on Investor-State Mediation

Venue

Online Event

23 Apr 2021

Friday - 5:30PM

Institutional racism and the criminal justice system

Speaker

Matthew Ryder QC and Dr Eddie Bruce-Jones

Venue

Zoom Webinar - pre-registration required

19 Apr 2021

Monday - 7:30PM

Career Conversations with Sharon Blackman

Speaker

Sharon Blackman

Speaker Affiliation

Managing Director & General Council, Citi Office of the General Counsel

Venue

Online - Zoom Meeting

18 Mar 2021

Thursday - 8:00PM

Career Conversations with Elizabeth Prochaska

Speaker

Elizabeth Prochaska

Speaker Affiliation

11KWB and former Legal Director of the Equality and Human Rights Commission

Venue

Online - Zoom Meeting

12 Mar 2021

Friday - 7:00PM

Career Conversations with Antonia Menezes

Speaker

Antonia Menezes

Speaker Affiliation

Senior Financial Sector Specialist, World Bank Group

Venue

Online - Zoom Meeting

25 Jan 2021

Monday - 6:00PM

Supporting distressed businesses during the COVID-19 crisis: the view from the UK

Venue

Online via Zoom

24 Nov 2020

Tuesday - 4:00PM

Supporting distressed businesses during the COVID-19 crisis: the view from Germany

Venue

Online Webinar via Zoom

Research projects