The extra-territorial reach of the European Insolvency Regulation
journal contribution
posted on 2023-06-07, 19:04authored byPaul Omar
Assesses the extent to which the provisions of Council Regulation 1346/2000 may conflict with those of the UNCITRAL Model Law on Cross Border Insolvency 1997 in the event of an international insolvency which crosses EC borders and how priorities might be determined by EC courts in such circumstances. Reviews the limits of the Regulation's application and case law on its potential effect on non EC debtors bound by the Model Law, including the circumstances in which a company incorporated elsewhere may be deemed to have its centre of main interests within the EC. Considers the international relevance of the Regulation and the position of groups of companies with some non EC members.