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Centralising insolvencies of pan-European corporate groups : a creditor's dream or nightmare?
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Mevorach, Irit (2006) Centralising insolvencies of pan-European corporate groups : a creditor's dream or nightmare? Journal of Business Law . ISSN 0021-9460.
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Abstract
Reflects on whether the EC's centralised approach to corporate insolvency within multinational groups of companies is likely to promote fairness to creditors. Considers the extent to which such a system fulfils creditors' expectations concerning the location of the insolvency process, discourages forum shopping and provides sufficient representation. Details, with reference to cases including the Chancery Division ruling in Re Daisytek-ISA Ltd, how the rights of multinational group creditors may be threatened under Council Regulation 1346/2000 and suggests a potential solution based on identification of a true centre of main interests which would ensure procedural transparency.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Journal of Business Law | ||||
Publisher: | Sweet & Maxwell Ltd. | ||||
ISSN: | 0021-9460 | ||||
Official Date: | August 2006 | ||||
Dates: |
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Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
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