This book will examine the forum shopping of companies within the area of insolvency law. Shopping for an insolvency forum within the European Union appears to have become a rather popular topic of debate in the recent years – in particular after the entry into force of the European Insolvency Regulation (IER), which has been designed to prevent forum shopping. Forum shopping is often stigmatized and can sometimes bring a company into disrepute. The starting questions of this book are therefore: How is forum shopping perceived from the perspective of the EU? What are considered to be the problems of forum shopping? And what has been proposed to solve these problems? Now that the Recast of the EIR has been adopted, it is interesting to ask how the EIR Recast responds to these problems and propositions? Is it going to solve the problems of forum shopping? If not, what might be a more correct approach?
With regard to the final question, this book will seek to establish an hypothesis on the current key problems of forum shopping and a theory on how one might be able to solve it.
The book starts with an analysis of the EIR and seeks to clarify the logic behind forum shopping within this Regulation. Furthermore, the author provides an insight in the practise of forum shopping, examines the EIR Recast, analyses the key obstacles of regulating forum shopping, and seeks to overcome them. He will finish this book with an hypothesis on a possible solution to the key problems of forum shopping.
Amir Adl Rudbordeh LL.M. is a graduate Corporate and Insolvency Law at the Radboud University Nijmegen and Nottingham Trent University.