With the growth of international business and the rise of companies
with subsidiaries around the world, the question of where a company
should file bankruptcy proceedings has become increasingly
complicated. Today, most businesses are likely to have
international trading partners, or to operate and hold assets in
more than one country. To execute a corporate restructuring or
liquidation under several different insolvency regimes at once is
an enormous and expensive challenge. With International Bankruptcy,
Jodie Adams Kirshner explores the issues involved in determining
which courts should have jurisdiction and which laws should apply
in addressing problems within. Kirshner brings together theory with
the discussion of specific cases and legal developments to explore
this developing area of law. Looking at the key issues that arise
in cross-border proceedings, International Bankruptcy offers a
guide to this legal environment. In addition, she explores how
globalization has encouraged the creation of new legal practices
that bypass national legal systems, such as the European Insolvency
Framework and the Model Law on Cross-Border Insolvency of the
United Nations Commission on International Trade Law. The
traditional comparative law framework misses the nuances of these
dynamics. Ultimately, Kirshner draws both positive and negative
lessons about regulatory coordination in the hope of finding
cleaner and more productive paths to wind down or rehabilitate
failing international companies.
General
Imprint: |
University of Chicago Press
|
Country of origin: |
United States |
Release date: |
May 2018 |
Authors: |
Jodie Adams Kirshner
|
Dimensions: |
229 x 152 x 21mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
|
Pages: |
288 |
ISBN-13: |
978-0-226-53197-7 |
Categories: |
Books
Promotions
|
LSN: |
0-226-53197-X |
Barcode: |
9780226531977 |
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