Volume 4 (1996) / Issue 3
After a long gestation period, an EC Bankruptcy Convention has finally been agreed and signed by all the Member States with the exception of the UK which has delayed signing for reasons unconnected with the Convention itself. The present contribution outlines the history of negotiations and the structure and main provisions of the Convention. In particular, it examines the compromise that has been struck between the principles of university and territoriality and the impact of this compromise on issues of jurisdiction, recognition and the powers of liquidators. It also explores the many choice of law problems that may arise in the course of insolvency litigation.
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