A Comment on Universal Proceduralism
Jay Lawrence Westbrook
University of Texas at Austin School of Law
Columbia Journal of Transnational Law, Forthcoming
U of Texas Law, Law and Econ Research Paper No. 183
Professor Janger’s thoughtful proposal of “universal proceduralism” raises a number of important issues. In particular, his proposal invites a focus on the place of local insolvency rules in a multinational business insolvency case. I will not attempt in the brief space of this response to address all the issues implicated by universal proceduralism, but will address the important question of local interests and local priorities, as well as related problems like forum stashing. I rely for the most part on Professor Janger’s lucid explanation of the concepts and terms commonly used in discussing multinational insolvency.
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Date posted: April 20, 2010 ; Last revised: July 23, 2010