Kristin van Zwieten

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.

Publications

Displaying 1 - 15 of 15. Sorted by year, then title.

Awrey, D and K van Zwieten, 'Mapping the Shadow Payment System' (2019) SWIFT Institute Working Paper
J Getzler and K van Zwieten, 'The common law and finance' (2019) Lloyds Maritime and Commercial Law Quarterly (forthcoming)
K van Zwieten, 'Director liability in insolvency and its vicinity' (2018) 38(2) Oxford Journal of Legal Studies 382
K van Zwieten (ed), Goode on Principles of Corporate Insolvency Law (5th ed) (Sweet & Maxwell 2018)
Ross Cranston, Emilios Avgouleas, K van Zwieten and Christopher Hare, Principles of Banking Law (3rd edn Oxford University Press 2018)
K van Zwieten, 'Related party transactions in insolvency' in Luca Enriques and Tobias Tröger (eds), Related party transactions (CUP 2018) (forthcoming)
D. Awrey and K van Zwieten, 'The Shadow Payment System' (2017) Journal of Corporation Law (forthcoming)
R Bork and K van Zwieten (eds), Commentary on the European Insolvency Regulation (OUP 2016)
H Eidenmüller and K van Zwieten, 'Restructuring the European Business Enterprise: The EU Commission Recommendation on business failure and insolvency' (2016) Forthcoming, European Business Organization Law Review
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 Indias 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 Indias new corporate rescue procedure suffering a similar fate.
John Armour, Antonia P Menezes, Mahesh Uttamchandani and K van Zwieten, 'How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence' in Frederique Dahan (ed), Research Handbook on Secured Financing of Commercial Transactions (Edward Elgar 2015)
K van Zwieten, 'Restructuring law: recommendations from the European Commission' (2014) Law in Transition
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, 'Certainty and flexibility: why Bofinger matters' (2010) 4 Journal of Equity 71 [Case Note]
K van Zwieten and RP Austin, 'Termination and Setting Aside of Winding Up Orders' (2007) 81 Australian Law Journal 932