Global Insolvency Proceedings for a Global Market: The Universalist System and the Choice of a Central Court

41 Pages Posted: 29 Mar 2018

See all articles by Jay Lawrence Westbrook

Jay Lawrence Westbrook

University of Texas at Austin - School of Law

Date Written: March 28, 2018

Abstract

In this time of relative prosperity, large multinational companies are filing insolvency proceedings all over the world. Restructuring is now part of the daily routine of global business — back then a bit more, at the moment a bit less, but always a stream of needed repairs. The overall challenge is to manage damaged enterprises across borders in a world governed by nation-states. In this paper, I suggest that we should enlarge our perspective to embrace not only the Model Law on Cross-Border Insolvency (Model Law), but also the larger system of modified universalism that it both presupposes and anticipates.

Keywords: Bankruptcy, international insolvency, global automatic stay, modified universalism

Suggested Citation

Westbrook, Jay L., Global Insolvency Proceedings for a Global Market: The Universalist System and the Choice of a Central Court (March 28, 2018). U of Texas Law, Public Law Research Paper No. 691, Available at SSRN: https://ssrn.com/abstract=3151805 or http://dx.doi.org/10.2139/ssrn.3151805

Jay L. Westbrook (Contact Author)

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
(512) 232-1303 (Phone)

HOME PAGE: http://www.law.utexas.edu/webra/faculty/jwestbrook

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