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Full-Text Articles in Law
The Ammanati Affair: Seven Centuries Old, And Not Feeling The Age, Eugenio Vaccari
The Ammanati Affair: Seven Centuries Old, And Not Feeling The Age, Eugenio Vaccari
Chicago-Kent Law Review
The enactments of the UNCITRAL Model Law on Cross-Border Insolvency and the European Regulations on insolvency proceedings have promoted an incremental approach towards substantive harmonization. This strategy has not remained unquestioned. One of the major criticisms is that such a course of actions overlooks the nature of the issues currently raised in multi-national and cross-disciplinary bankruptcy procedures.
This Article focuses on the Anglo/American bankruptcy tradition. It adopts a doctrinal methodology to question the conclusion that “collectivity” is and should be a procedural, objective, and secondary notion in light of two case studies. It suggests that in the context of cross-border, …
Infinite Jest: The Otiose Quest For Completeness In Validating Insolvency Judgments, Bruce A. Markell
Infinite Jest: The Otiose Quest For Completeness In Validating Insolvency Judgments, Bruce A. Markell
Chicago-Kent Law Review
Universalism in cross-border bankruptcies strives to reduce waste, and harmonize restructuring and recoveries. Universalism’s avatar is UNCITRAL’s 1997 Model Law on Cross-Border Insolvencies (Model Law). Underlying the Model Law, however, is an implicit assumption that court orders entered in the proceeding where the debtor’s center of main interests is located will be respected in all other states in which the debtor has assets or operations. That assumption may have been incorrect, as shown by cases such as the United Kingdom’s Rubin v. Eurofinance, S.A.
This Article looks at UNCITRAL’s reaction to Rubin: its new Model Law on Recognition …