Skip to main content Accessibility help
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 8 - Favoring the Choice of Insolvency Forum

  • from Part III - Towards a New Insolvency Framework in Emerging Economies
  • Aurelio Gurrea-Martínez, Singapore Management University
  • Book:
    Reinventing Insolvency Law in Emerging Economies
    Published online:
    06 June 2024
    Print publication:
    13 June 2024, pp 248-272

  • Summary

    This chapter argues that countries, and especially emerging economies, should facilitate the choice of insolvency forum. Ideally, this choice of insolvency forum should be allowed ex ante. Thus, in addition to providing debtors and creditors with the possibility of having access to more attractive insolvency systems in the hypothetical event of financial distress, the ex ante choice of insolvency forum can promote predictability, access to finance and economic growth. Alternatively, if the insolvency forum cannot be chosen ex ante, at least it should be facilitated ex post. Regardless of the solution eventually adopted, this chapter explains that various safeguards need to be adopted to prevent the opportunistic choice or change of insolvency forum. It also argues that this new approach for the choice of insolvency forum requires certain changes to the rules governing cross-border insolvency and particularly those established in the UNCITRAL Model Law on Cross-Border Insolvency.