ODEC 8035 - International Bankruptcy Law

As cross-border business activity has increased, so has the need to deal with cross-border business failures.

This workshop surveys some of the issues that may arise when an enterprise that has operations, assets, employees, and/or creditors in more than one country becomes financially distressed and will analyze how courts, States, and the EU have tried to address those issues.

The introductory session will give you an overview of the type of proceedings available to companies that are in financial difficulties under French law and in other countries such as the US and the various interests at stake. We will also discuss issues of conflicts of jurisdictions, when more than one court could have jurisdiction to open bankruptcy proceedings, and issues of conflicts of laws and how case law has dealt with such issues.

In the second session, we will discuss how EU Regulation No. 1346/2000, now EU Regulation No. 848/2015, has tried to solve issues of conflicts of jurisdictions, through case studies and discussions around landmark cases.

In the third session, we will discuss how EU Regulation No. 848/2015 and EU Directive No. 2019/1023 have tried to solve issues of conflicts of laws and tried to harmonize the various bankruptcy regimes applicable in the EU through case studies and discussions around landmark cases.

In the last session, we will be discussing what happens when a State becomes insolvent.

Having taken a course in French (or other) bankruptcy law is a plus but NOT a prerequisite.

The course is designed so that students who have not previously studied bankruptcy law will be able to understand and master the material.

Students will be required to prepare questions and case studies ahead of each session.

Pass / Fail

Each class session includes assigned reading materials, resource materials, and questions / case studies that will be posted in advance.