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

journal contribution
posted on 2016-01-01, 00:00 authored by Sandeep Gopalan, Michael Guihot
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 that
greater 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 criteria
whereby a court would be able to determine that the inherent
separateness of the corporate structure should be disregarded and
the group regarded as one.

History

Journal

George Washington international law review

Volume

48

Issue

3

Pagination

549 - 616

Publisher

George Washington University

Location

Washington, D.C.

ISSN

1534-9977

Language

eng

Publication classification

C1 Refereed article in a scholarly journal; C Journal article

Copyright notice

2016, George Washingston University

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