Примеры использования Local proceeding на Английском языке и их переводы на Русский язык
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The local proceeding took precedence.
Paragraph(3) applied where there was a local proceeding.
Subparagraph(b) concerned a local proceeding that commenced after recognition of the foreign proceeding. .
The recognition of a foreign proceeding shall not restrict the right to commence a local proceeding.
Subparagraph(a) dealt with a situation where a local proceeding was already in existence.
Any relief to be granted to the foreign proceeding must be consistent with the local proceeding;
That was particularly clear if the local proceeding was a“main proceeding”.
The possibility of relief under articles 15 and 17 should not be eliminated because of a local proceeding.
If a local proceeding is initiated, article 29 deals with the coordination of the foreign and the local proceedings. .
The provision did not touch on the rules with which the foreign representative would have to comply in participating in the local proceeding.
For example, there might be complete distribution in the local proceeding, leaving a surplus that could go to the foreign representative.
For example, to entrust the foreign representative with the administration of local assets would be incompatible with the existing local proceeding.
There should also be a reference to the possibility of a local proceeding entering into conflict with a foreign main proceeding previously recognized.
A local proceeding shall prevail over the effects of recognition of a foreign proceeding and over relief granted to a foreign representative.
That being so, he did not think that the right of the foreign representative to initiate a local proceeding should be made dependent on recognition.
Questions were raised as to the purpose of the second sentence of paragraph(3),whereby the permission for the turnover of assets might only be given after the completion of any pending local proceeding.
Specific rules might be required to enable the application to limit commencement of a local proceeding to prevail over the application of local creditors.
Any relief that has already been granted to the foreign proceeding must be reviewed and modified orterminated to ensure consistency with the local proceeding;
Where a local proceeding is pending at the time a foreign proceeding is recognized as a main proceeding, the foreign proceeding does not enjoy the automatic effects of article 20.
Moreover, such actions were normally brought in the context of an insolvency proceeding, whereas the proposed text did not require that there should be a local proceeding.
He accepted that the local proceeding had a certain dominance once it was opened, butthere should be room for relief granted to the foreign representative if compatible with the local proceeding.
If the foreign proceeding is a main proceeding, the automatic effects pursuant to article 20 are to be modified andterminated if inconsistent with the local proceeding;
However, it was also observed that the adoption of the principle without due regard to whether the local proceeding was a main or non-main proceeding would conflict with a long-standing approach of particularly common-law countries to that issue.
With regard to the insertion proposed by the representative of Italy at the end of paragraph(3)(b), he had assumed that paragraph(3)(b) was adequate,because it was understood that the local proceeding would be the controlling factor.
It was pointed out that the proposed new paragraph(3)(a)established the principle of the precedence of the prior local proceeding over the foreign proceeding for which recognition was sought after the local proceeding had already been opened.
It was said that, once a local proceeding was opened, the effects of the recognized foreign proceeding should be reassessed and should be adjusted or terminated in such a way that they did not disturb the administration of the debtor's assets in the enacting State.
It was suggested that article 16 could provide for the possibility of authorizing the court to terminate or suspend a local proceeding upon recognition of a foreign main proceeding. .
Also, it was pointed out that the proposed limitation would not by itself avoid the opening of a local proceeding, since a representative in a non-main proceeding might easily circumvent the proposed rule by arranging for a creditor to submit the request for the opening of a local proceeding.
Furthermore, it was noted that article 9 only gave standing to the foreign representative for making an application to the court, so thata request for the opening of a local proceeding would still need to be considered on its own merits.
He therefore suggested that it should be made simple and straightforward to obtain recognition when there was no local obstacle in the form of a local proceeding, andthat provision should be made for recognition for the sole purpose of coordination when a local proceeding having the nature of a main proceeding was pending.