Tools
Tools
Omar, P.J. 
ORCID: 0000-0003-3129-3718,
2015.
The inevitability of "insolvency tourism" [forthcoming].
Netherlands International Law Review, 62 (3), pp. 429-444.
ISSN 0165-070X
|
Text
221781_3189.pdf - Pre-print Download (313kB) | Preview |
Abstract
This article seeks to describe and analyse the phenomenon of 'insolvency tourism', a popular term used to describe the manoeuvring of debtors to secure the application of (more favourable) insolvency proceedings in a jurisdiction other than the one where they are incorporated or domiciled. This article argues that insolvent debtors are assisted in this by two factors: (i) the jurisdiction rules in the European Insolvency Regulation that permit a latitude of interpretation and are susceptible to manipulation; and (ii) the current and continuing disparity in domestic insolvency laws and available procedures within the European Union. This article looks at whether the phenomenon of 'insolvency tourism' will be diminished as a result of changes to the European Insolvency Regulation and the gradual convergence of national approaches to insolvency and European initiatives in this field.
| Item Type: | Journal article |
|---|---|
| Publication Title: | Netherlands International Law Review |
| Creators: | Omar, P.J. |
| Publisher: | Springer |
| Place of Publication: | Heidelberg, Germany |
| Date: | December 2015 |
| Volume: | 62 |
| Number: | 3 |
| ISSN: | 0165-070X |
| Divisions: | Schools > Nottingham Law School |
| Record created by: | EPrints Services |
| Date Added: | 28 Oct 2015 10:33 |
| Last Modified: | 09 Jun 2017 13:55 |
| URI: | https://irep.ntu.ac.uk/id/eprint/25851 |
Actions (login required)
 |
Edit View |
Views
Views per month over past year
Downloads
Downloads per month over past year
