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Crossing the Finish Line: the Potential Impact on Business Rescue of Adoption of new Cross-Border Insolvency Provisions — Table of Contents

By Janis Sarra¹

Printable Version: Crossing the Finish Line: the Potential Impact on Business Rescue of Adoption of new Cross-Border Insolvency Provisions (PDF Format 314 KB — 66 pages)

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Table of Contents

I. Introduction

II. Chapter 47 Provisions as Compared with the Model Law and Chapter 15 of the U.S. Bankruptcy Code

1. Foreign Representative

2. Centre of Main Interests (COMI)

3. The COMI of Corporate Groups

4. Public Policy Exception and Deference to International Obligations

5. Application for Recognition

6. Stay of Proceedings

7. The Court’s Discretionary Power to Grant Relief

9. Concurrent Main Proceedings

III. Initial Canadian Experience with Chapter 15 U.S. Bankruptcy Code

1. Recognition Orders and Interpretation of COMI under Chapter 15

2. Product Liability Claims and the Public Policy Exception

3. Consumer Bankruptcy under Chapter 15

IV. Experience with COMI Under the EC Regulation

1. Provisions of the Regulation in Respect of COMI

2. EU Caselaw in Respect of COMI

3. Establishment and Recognition of Secondary Proceedings under the EC Regulation

4. Corporate Group under the EC Regulation

V. Conclusion

¹ Dr. Janis Sarra, Associate Dean and Professor, University of British Columbia Faculty of Law; Director, National Centre for Business Law. The author appreciates the financial support of the OSB in undertaking this research.