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Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism? (2021)
Journal Article
Mevorach, I. (2021). Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism?. European Business Organization Law Review, 22(2), 283-315. https://doi.org/10.1007/s40804-021-00204-4

In recent years modified universalism has emerged as the normative framework for governing international insolvency. Yet, divergences from the norm, specifically regarding the enforcement of insolvency judgments, have also been apparent when the main... Read More about Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism?.

The Characterization of Pre-insolvency Proceedings in Private International Law (2020)
Journal Article
Mevorach, I., & Walters, A. (2020). The Characterization of Pre-insolvency Proceedings in Private International Law. European Business Organization Law Review, 21(4), 855-894. https://doi.org/10.1007/s40804-020-00176-x

© 2020, The Author(s). The decade since the financial crisis has witnessed a proliferation of various ‘light touch’ financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spect... Read More about The Characterization of Pre-insolvency Proceedings in Private International Law.

A fresh view on the hard/soft law divide: implications for international insolvency of enterprise groups (2019)
Journal Article
Mevorach, I. (2019). A fresh view on the hard/soft law divide: implications for international insolvency of enterprise groups. Michigan Journal of International Law, 40(3), 505-530

It is the orthodox belief that treaties and—within the EU—directly applicable regulations represent hard, binding international law, while other international instruments-including model laws-are forms of soft law. In a previous publication 2 I discu... Read More about A fresh view on the hard/soft law divide: implications for international insolvency of enterprise groups.

Micro, Small, and Medium Enterprise Insolvency: A Modular Approach (2018)
Book
Mokal, R., Davis, R., Mazzoni, A., Mevorach, I., Romaine, B., Sarra, J., …Madaus, S. (2018). Micro, Small, and Medium Enterprise Insolvency: A Modular Approach. Oxford, UK: Oxford University Press (OUP)

This volume examines the current resolution process for distressed micro, small, and medium enterprises (MSMEs), and proposes a different, more appropriate, ‘modular’ approach to the treatment of such entities when faced with insolvency proceedings.... Read More about Micro, Small, and Medium Enterprise Insolvency: A Modular Approach.

The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps (2018)
Book
Ronen-Mevorach, I. (2018). The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps. Oxford: Oxford University Press. https://doi.org/10.1093/oso/9780198782896.001.0001

This book interrogates the current cross-border insolvency regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effectiv... Read More about The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps.

Beyond the search for certainty: addressing the cross-border resolution gap (2015)
Journal Article
Mevorach, I. (2015). Beyond the search for certainty: addressing the cross-border resolution gap. Brooklyn Journal of Corporate, Financial & Commercial Law, 10(1), 183-223

This Article compares the development of cross-border solutions for resolving and reorganizing commercial entities to those solutions available for financial institutions. This Article argues that the resolution regime for financial institutions need... Read More about Beyond the search for certainty: addressing the cross-border resolution gap.

Cross-border insolvency of enterprise groups: the choice of law challenge (2014)
Journal Article
Mevorach, I. (2014). Cross-border insolvency of enterprise groups: the choice of law challenge

It is not surprising that the problems of choice of law and international group insolvency have not been sufficiently addressed during the initial development of cross-border insolvency frameworks. The choice of law problem raises difficult questions... Read More about Cross-border insolvency of enterprise groups: the choice of law challenge.

Forum shopping in times of crisis: a directors' duties perspective (2013)
Journal Article
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

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 contex... Read More about Forum shopping in times of crisis: a directors' duties perspective.

The role of enterprise principles in shaping management duties at times of crisis (2013)
Journal Article
Mevorach, I. (2013). The role of enterprise principles in shaping management duties at times of crisis. European Business Organization Law Review, 14(4), https://doi.org/10.1017/s1566752912001279

The enterprise group form presents special risks of mismanagement when entities in the group are in financial trouble. At the same time, pursing a group interest might assist in resolving the financial difficulties. In any event, delineating rules fo... Read More about The role of enterprise principles in shaping management duties at times of crisis.

The "home country" of a multinational enterprise group facing insolvency (2008)
Journal Article
Mevorach, I. (2008). The "home country" of a multinational enterprise group facing insolvency. International and Comparative Law Quarterly, 57(2), https://doi.org/10.1017/S0020589308000250

Identifying the ‘home country’ for the multinational enterprise group’s insolvency proceedings can be crucial for allowing an effective insolvency process for related entities. However, this is a challenging task given the diversity of group structu... Read More about The "home country" of a multinational enterprise group facing insolvency.

Centralising insolvencies of pan-European corporate groups: a creditor's dream or nightmare (2006)
Journal Article
Ronen-Mevorach, I. (2006). Centralising insolvencies of pan-European corporate groups: a creditor's dream or nightmare. Journal of Business Law, 2006(August),

Reflects on whether the EC's centralised approach to corporate insolvency within multinational groups of companies is likely to promote fairness to creditors. Considers the extent to which such a system fulfils creditors' expectations concerning the... Read More about Centralising insolvencies of pan-European corporate groups: a creditor's dream or nightmare.