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

Mevorach, Irit

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