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Forum shopping in times of crisis: a directors' duties perspective

Mevorach, Irit

Authors

IRIT MEVORACH Irit.Mevorach@nottingham.ac.uk
Professor of International Commercial Law



Abstract

Some systems have more efficient legal frameworks for insolvency than other regimes, thus directors of troubled companies may seek opportunities abroad. Yet, the legitimacy of forum shopping in close proximity to insolvency is debatable in the context of cross-border insolvency regimes. This paper examines the forum shopping phenomenon from a new perspective, that of directors’ duties in times of financial trouble, specifically in light of emerging international standards in this area. This method allows unearthing the degree to which forum shopping is legitimate. This paper also shows how the directors’ duties regime is better fit to deal with illegitimate forum shopping compared with cross-border insolvency frameworks.

Citation

Mevorach, I. (2013). Forum shopping in times of crisis: a directors' duties perspective. European Company and Financial Law Review, 10(4), https://doi.org/10.1515/ecfr-2013-0523

Journal Article Type Article
Publication Date Dec 1, 2013
Deposit Date Sep 2, 2015
Publicly Available Date Sep 2, 2015
Journal European Company and Financial Law Review
Print ISSN 1613-2548
Electronic ISSN 1613-2548
Publisher De Gruyter
Peer Reviewed Peer Reviewed
Volume 10
Issue 4
DOI https://doi.org/10.1515/ecfr-2013-0523
Public URL https://nottingham-repository.worktribe.com/output/1000652
Publisher URL http://www.degruyter.com/view/j/ecfr-2013-10-issue-4/ecfr-2013-0523/ecfr-2013-0523.xml

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