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Chapter 7

Comparative Analysis of Co-Operation in Other Federalised Systems: The United States

Chapter 7 involves a comparison of the approach of the EU to matters of cross-border insolvency with the approach in the United States as a comparator federal jurisdiction.  Given the uncertainty of how the EU preventive restructuring procedures will be dealt with in terms of implementation of the PRD in member states, coupled with issues surrounding co-operation and co-ordination under the EIR Recast, considering how another federalised jurisdiction deals with multi-state cases is a useful exercise to benchmark actions related to the JCOERE Project going forward. Accordingly, this enquiry extends to both forum determination and co-ordination of multiple proceedings.

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JCOERE (Judicial Co-Operation supporting Economic Recovery in Europe) Project

Professor Irene Lynch Fannon, School of Law, University College Cork, Cork, IRELAND , T12 CC79

JCOERE Partners