Making and Enforcing International Schemes of Arrangement
Journal of International Banking Law and Regulation, No. 9, p. 434, 2011
10 Pages Posted: 19 Aug 2011
Date Written: August 19, 2011
While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock  EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the scheme jurisdictional basis and hurdles in light of Council Regulation (EC) 1346/2000 on insolvency proceedings and Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Judgments Regulation), and also considers the recognition of English schemes abroad.
Keywords: Cross-border insolvency, English schemes of arrangement, EU Insolvency Regulation, Brussels Regulation
JEL Classification: K10, K11, K12, K19, K20, K29, K30, K33, K39, K40, K41, K49
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