Preventive restructuring frameworks : Jurisdiction, recognition and applicable law

Titelangaben

Schmidt, Jessica:
Preventive restructuring frameworks : Jurisdiction, recognition and applicable law.
In: International Insolvency Review. Bd. 31 (2022) Heft 1 . - S. 81-100.
ISSN 1099-1107
DOI: https://doi.org/10.1002/iir.1447

Volltext

Link zum Volltext (externe URL):

Abstract

The Preventive Restructuring Directive (PRD) has triggered a new era of regulatory competition. Member States are introducing new laws aimed at making themselves the new destination of choice for corporate restructuring. However, the PRD has failed to provide a clear answer to some key issues: international jurisdiction, recognition and applicable law. This article analyses these questions in detail and proposes answers.