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Part III The Impact of Freedom of Establishment on Private International Law for Insolvency, 8 Regulatory Competition for Insolvencies

From: Freedom of Establishment and Private International Law for Corporations

Paschalis Paschalidis

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 August 2022

Subject(s):
Regulatory competition for insolvency — Insolvency proceedings in the EU — COMI and forum shopping — Common law recognition
8.01 It is typical of the law in the USA that if a matter becomes highly controversial among States, the federal government will intervene and harmonize the law. This was the case with insolvency law in the United States which was finally federalized under the Nelson Act 1898 after several continuous enactments and repeals of federal bankruptcy statutes throughout the nineteenth century.1 Thus, there has not been a chance to test whether Romano’s view on the virtues of federalism can be applied to insolvency law. In fact, there appears to have been no recorded...
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