The Forum shopping and the Determination of the International jurisdiction in the Regulation on insolvency proceedings
2016
Abstract
Recently, the discussion on the topic of cross-border intra-EU insolvency proceedings has become more intensive than ever, in particular due to the revision of Council Regulation (EC) No 1346/2000 on insolvency proceedings, which resulted, on 20 May 2015, in the publication of a new insolvency regulation (No 2015/848). One of the fundamental changes brought about by the new regulation concerns the change of the definition of international jurisdiction.
The consequence of this change should be to prevent cases of harmful forum shopping, but the answer on the question whether it will be succeed should be available after 2017, when the new regulation becomes fully applicable.