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The Future of Cross-Border InsolvencyOvercoming Biases and Closing Gaps$
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Irit Mevorach

Print publication date: 2018

Print ISBN-13: 9780198782896

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198782896.001.0001

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Modified Universalism to Date

Modified Universalism to Date

Chapter:
(p.1) 1 Modified Universalism to Date
Source:
The Future of Cross-Border Insolvency
Author(s):

Irit Mevorach

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198782896.003.0001

This chapter depicts the current position of what is called ‘modified universalism’. It also synthesizes the different aspects of modified universalism into the set of emerging norms concerning jurisdiction, choice of law, recognition, assistance, and cooperation, accompanied by global duties and safeguards. Modified universalism has translated the theoretical model of universalism, where one law governs and one forum presides in cross-border insolvency cases, to concrete and more nuanced emerging norms that are fit for the real world and real business structures. It is, however, still held back where it is regarded as a trend and an interim solution in the context of an aspiration for pure universalism. Consequently, one of the challenges laid before the universalist approach, in its various forms, is that even though it is generally beneficial, it is not universally adopted.

Keywords:   modified universalism, pure universalism, territorialism, cross-border insolvency, jurisdiction, choice of law, recognition, assistance, cooperation

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