Where is a corporation's "centre of main interests" in international insolvency?

Wade, Judith 2008, Where is a corporation's "centre of main interests" in international insolvency?, The insolvency law journal, vol. 16, no. 3, pp. 127-149.

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Title Where is a corporation's "centre of main interests" in international insolvency?
Author(s) Wade, Judith
Journal name The insolvency law journal
Volume number 16
Issue number 3
Start page 127
End page 149
Publisher Thomson Reuters (Professional) Australia Ltd
Place of publication Sydney, N.S.W.
Publication date 2008
ISSN 1039-3293
Summary The international community has long sought the appropriate means by which insolvencies involving several jurisdictions should be conducted. Central to the solution proposed is the view that jurisdictions should primarily co-operate with the proceeding underway in a company's "centre of main interests". This concept will be of increasing importance to Australia with the passing of the Cross Border Insolvency Act 2008 , which enacts domestically the provisions of the United Nations Commission on International Trade Law Model Law on Cross Border Insolvency. This article examines how this concept was intended to operate, the actual provisions of the relevant Instruments together with how it has been judicially interpreted. It will be shown that while some certainties concerning the operation of this concept have been achieved, determining this actual location remains surrounded with considerable vagueness. This article proceeds to suggest the most appropriate interpretation of this "centre of main interests" concept.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30017493

Document type: Journal Article
Collections: Faculty of Business and Law
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