Global Venue Controls Are Coming: A Reply to Professor Lopucki

American Banker Law Journal, Vol. 79, p. 105, 2005

Penn State Law Research Paper

38 Pages Posted: 26 Oct 2015

See all articles by Samuel Bufford

Samuel Bufford

The Pennsylvania State University (University Park) – Penn State Law

Date Written: 2006

Abstract

This Article details my disagreements with Professor Lynn LoPucki's article "Global and out of Control" (79 Am. Bankr. L.J. 79). Part I discusses universalism and territorialism, especially the modified version of universalism that I support. Part II examines the international venue provisions of the Model Law and the EU Regulation. Part III introduces the relevant venue shopping cases. Only two groups of cases are relevant for the purpose of this paper: the French and German subsidiaries of Daisytek and Eurofood (a subsidiary of Parmalat SpA, the Italian conglomerate). None of the other cases that Professor LoPucki discusses was subject to the venue provisions of either the EU Regulation or the Model Law. Part IV explains the amendments that I believe are needed for the EU Regulation and the Model Law to deal more effectively with venue decisions and discusses how these changes would affect the venue decisions in Eurofood and the continental Daisytek subsidiaries. Finally, Part V contains concluding remarks.

Suggested Citation

Bufford, Samuel, Global Venue Controls Are Coming: A Reply to Professor Lopucki (2006). American Banker Law Journal, Vol. 79, p. 105, 2005, Penn State Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2677892

Samuel Bufford (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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