Where is a corporation's "centre of main interests" in international insolvency?


Autoria(s): Wade, Judith
Data(s)

01/01/2008

Resumo

The international community has long sought the appropriate means by which insolvencies involving several jurisdictions should be conducted. Central to the solution proposed is the view that jurisdictions should primarily co-operate with the proceeding underway in a company's "centre of main interests". This concept will be of increasing importance to Australia with the passing of the Cross Border Insolvency Act 2008 , which enacts domestically the provisions of the United Nations Commission on International Trade Law Model Law on Cross Border Insolvency. This article examines how this concept was intended to operate, the actual provisions of the relevant Instruments together with how it has been judicially interpreted. It will be shown that while some certainties concerning the operation of this concept have been achieved, determining this actual location remains surrounded with considerable vagueness. This article proceeds to suggest the most appropriate interpretation of this "centre of main interests" concept.<br />

Identificador

http://hdl.handle.net/10536/DRO/DU:30017493

Idioma(s)

eng

Publicador

Thomson Reuters (Professional) Australia Ltd

Relação

http://legalonline.thomson.com.au/jour/resultDetailed.jsp?curRequestedHref=journals/INSOLVLJ/volumes/16/parts/3&contentSourceHref=journals/INSOLVLJ/volumes/16/parts/3/articles/127/fulltext&tocType=fullText&hitListPageContext=http://legalonline.thomson.com.au/jour/resultSummary.jsp?curRequestedHref=journals/INSOLVLJ/volumes/16/parts/3___tocType=fullText___sortBy=articleDate&searchId=4&hit=2&hits=5&articleType=fulltext&freeText=&titleCode=Wiaccomiiii

Tipo

Journal Article