Biography

Kristin van Zwieten is 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; second edition forthcoming 2022). 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

Book (2)

K van Zwieten, Reinhard Bork, Georg Ringe and Renato Mangano and others, Commentary on the European Insolvency Regulation (2nd ed) (OUP 2022) (forthcoming)
Ross Cranston, Emilios Avgouleas, K van Zwieten and Christopher Hare, Principles of Banking Law (3rd edn Oxford University Press 2018)

Review (1)

K van Zwieten, 'Sarah Paterson's Corporate Reorganization Law and Forces of Change (OUP 2020)' (2022) Modern Law Review [Review] (forthcoming)

Case Note (2)

K van Zwieten, 'Apperley Investments Ltd & Ors v Monsoon Accessorize Ltd - case note' (2021) 3 Insolvency Intelligence 69 [Case Note]
K van Zwieten, 'Certainty and flexibility: why Bofinger matters' (2010) 4 Journal of Equity 71 [Case Note]

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

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)

News articles for Kristin van Zwieten

Congratulations
13 Dec 2021

Recognition of Distinction Awards 2021 - Congratulations to our new Professors

Picture of Professor Tariq Modood
15 Nov 2021

Tariq Modood to deliver Oxford Law Faculty’s 2021 Annual Equality and Diversity Lecture: Islamophobia and the Struggle for Recognition

Winner announced: Hogan Lovells Equality and Diversity Essay Competition 2021
02 Nov 2021

Winner announced: Hogan Lovells Equality and Diversity Essay Competition 2021

Baroness Hale
10 Aug 2021

Equality and diversity essay competition for Oxford Law undergraduate students launched

Glacier
29 Jun 2021

New work in Nature Climate Change by Faculty members

"Stephen Lawrence memorial, 3 January 2012" by Darryl_SE7 is licensed under CC BY-NC 2.0
22 Apr 2021

Marking Stephen Lawrence Day 2021

An interview with David Lammy - Institutional Racism and the Criminal Justice System
22 Apr 2021

Interview with Rt Hon David Lammy MP

Commercial Law Centre logo
01 Feb 2021

Transaction avoidance and corporate insolvency law

Cover of book
05 Nov 2020

European Financial Regulation – Levelling the Cross-Sectoral Playing Field

Image of Closed Shop Sign
23 Jul 2020

COVID-19 Research Response Fund grant for project on COVID-19, public policy and commercial law

Image of Laptop with Law Scales
10 Jul 2020

Arbitration online: law and practice

06 May 2020

Methodology conference for postgraduate research students in law

Luca Enriques
20 Apr 2020

Faculty members contribute to global webinar 'The COVID-19 Crisis and Its Aftermath: Corporate Governance Implications and Policy Challenges’.

02 Apr 2020

Fourth Oxford Business Law Blog Annual Conference

25 Feb 2020

Negative externalities of corporate behaviour

30 Jan 2020

IV Oxford Symposium on Comparative International Commercial Arbitration

14 Jan 2020

Indian Bankruptcy Code: Impact on Markets and the Economy

28 May 2019

Judge Frank H. Easterbrook delivers lecture entitled "Legal Origins, Securities Fraud, and the Efficiency of the Common Law"

21 Feb 2019

The Lehman insolvency and beyond

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

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
17 Apr 2020

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

By Kristin van Zwieten, Harris Manchester College

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

22 Oct 2021

Friday - 1:00PM

Decolonising Land - an online event in partnership with the OLBA Network to mark Black History Month 2021

Venue

Zoom Webinar

21 Oct 2021

Thursday - 12:15PM

Corporate bankruptcy law in China: book launch

Speaker

Natalie Mrockova

Speaker Affiliation

University of Oxford

Venue

Online

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

Research projects