Abstract

http://ssrn.com/abstract=626461
 
 

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Rethinking International Insolvency: The Neglected Role of Choice-of-Law Rules and Theory


Hannah L. Buxbaum


Indiana University Bloomington Maurer School of Law


Stanford Journal of International Law, Vol. 36, No. 23, 2000

Abstract:     
Solutions to the problem of international bankruptcy are generally framed as either universalist (arguing that international bankruptcies should be administered in a single forum) or territorialist (arguing in favor of multiple local bankruptcies). This article seeks to expand this debate by using traditional conflicts theory to examine the problem of cross-border bankruptcy. It analyzes the current regime under which cross-border bankruptcies are administered in U.S. courts, concluding that this regime operates as a multilateralist (jurisdiction-selecting) regime. Concluding that multilateralism is an appropriate method for resolving choice-of-law issues in international insolvency, the article analyzes some possible refinements to the current system. It argues that a more pointedly multilateralist approach would better serve the goals of the international bankruptcy regime.

Number of Pages in PDF File: 50

Keywords: International bankruptcy, international insolvency, choice-of-law, comity

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Date posted: December 3, 2004  

Suggested Citation

Buxbaum, Hannah L., Rethinking International Insolvency: The Neglected Role of Choice-of-Law Rules and Theory. Stanford Journal of International Law, Vol. 36, No. 23, 2000. Available at SSRN: http://ssrn.com/abstract=626461

Contact Information

Hannah L. Buxbaum (Contact Author)
Indiana University Bloomington Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
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