Cross-border insolvency law and multinational enterprise groups: judicial Innovation as an international solution

Gopalan, Sandeep and Guihot, Michael 2016, Cross-border insolvency law and multinational enterprise groups: judicial Innovation as an international solution, George Washington international law review, vol. 48, no. 3, pp. 549-616.

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Title Cross-border insolvency law and multinational enterprise groups: judicial Innovation as an international solution
Author(s) Gopalan, Sandeep
Guihot, Michael
Journal name George Washington international law review
Volume number 48
Issue number 3
Start page 549
End page 616
Total pages 68
Publisher George Washington University
Place of publication Washington, D.C.
Publication date 2016
ISSN 1534-9977
Keyword(s) insolvency law
international law
Summary The Article argues that courts confronting the effects of multinational enterprise insolvency must undertake a pragmatic incursion into the separate entity doctrine. This argument is premised on gaps in the current Model Law which confers significant discretion on the courts. Our research shows that courts have fashioned innovative solutions to fill the gaps and thatgreater recognition of the legitimacy of these judicial incursions into the separate entity doctrine would facilitate the reduction of transaction costs in the case of multinational group insolvencies. We identify criteriawhereby a court would be able to determine that the inherentseparateness of the corporate structure should be disregarded andthe group regarded as one.
Language eng
Field of Research 180116 International Law (excl International Trade Law)
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, George Washingston University
Persistent URL http://hdl.handle.net/10536/DRO/DU:30083246

Document type: Journal Article
Collections: Law
2018 ERA Submission
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