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Supreme Court Debate on the European Insolvency Regulation

Chairing a debate in the Supreme Court on INSOL Europe’s proposals to the European Commission about revision of the European Insolvency Regulation should liven up my Friday afternoon!

Robert van Galen and David Marks QC are to propose the motion “This House believes that detailed substantive and technical changes to the European Insolvency Regulation, as proposed by INSOL Europe, are now required”. They will be opposed by Gabriel Moss QC and Felicity Toube QC. An invited audience from the profession, press, judiciary, legislature and regulators, as well as academia, will determine the winners!

The principal areas of interest to the Commission, I understand, are:

  • how the Regulation should deal with insolvent groups of companies;
  • secondary proceedings; and
  • cooperation and communication.

The debate will no doubt also touch on COMI (centre of main interests) and interaction with the UNCITRAL Model Law.

I shall maintain impartiality for now, but will share my views in a future post...



Date: 6th July, 2012
Author: Chris Laughton


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