The "home country" of a multinational enterprise group facing insolvency

Mevorach, Irit (2008) The "home country" of a multinational enterprise group facing insolvency. International and Comparative Law Quarterly, 57 (2). pp. 427-448. ISSN 0020-5893

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Official URL: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=1862912

Abstract

Identifying the ‘home country’ for the multinational enterprise group’s insolvency proceedings can be crucial for allowing an effective insolvency process for related entities. However, this is a challenging task given the diversity of group structures and insolvency scenarios. This article attempts to deal with this issue by applying alternatives of ‘insolvency venues’ to the group case and confronting them with key insolvency goals, to assess which standard venue could most effectively enhance cost efficiency, predictability and transparency of the rules (regarding jurisdiction), control forum shopping and accord with creditors’ legitimate expectations. The paper suggests that operational headquarters is in principle the most efficacious test for multinational groups, yet it also points out its limitations.

Item Type:Article
Additional Information:Copyright holder: Cambridge University Press. Version of record: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=1862912
Schools/Departments:Faculty of Social Sciences, Law and Education > School of Law
ID Code:1730
Deposited By:Ronen-Mevorach, Dr Irit
Deposited On:06 Nov 2012 19:50
Last Modified:27 Nov 2012 11:42

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