Library Catalogue
The determination of the centre of main interest in the cross border insolvency and intricacies appurtenant to it
Aditya Pratap Singh
The determination of the centre of main interest in the cross border insolvency and intricacies appurtenant to it - BangaloreBangalore NLSIU 2020 - 69 p. ; 25 cm.
TABLE OF CONTENT 1. CHAPTER 1: INTRODUCTION; 1.1 STATEMENT OF THE PROBLEM; 1.2 AIMS AND OBJECTIVES OF THE STUDY; 1.3 HYPOTHESIS; 1.4 RESEARCH QUESTIONS; 1.5 RESEARCH METHODOLOGY; 1.6 SIGNIFICANCE OF THE STUDY; 1.7 SCOPE AND LIMITATIONS; 1.8 MODE OF CITATION; 1.9 SCHEME OF STUDY: CHAPTER IZATION; 2. CHAPTER 2: REVIEW OF LITEATURE; 3. CHAPTER 3: EVOLUTION AND DEVELOPMENT OF CONCEPT OF INSOLVENCY AND CROSS BORDER INSOLVENCY; 3.1 HISTORY AND EVOLUTION OF INSOLVENCY LAW; 3.2 INDIAN SCENARIO; 3.3 EMERGENCE OF THE CONCEPT OF CROSS BORDER INSOLVENCY AND VIS-À-VIS INIDAN SCENARIO; 3.4 CRITICAL ANALYSIS; 4. CHAPTER 4: CROSS BORDER INSOLVENCY: A THEORITICAL PERSPECTIVE; 4.1 UNIVERSALISM; 4.2 TERRITORIALISM; 4.3 MODIFIED UNIVERSALISM; 4.4 CO-OPERATIVE TERRITORIALITY; 4.5 CONTRACTUALISM; 4.6 CRITICAL ANALYSIS; 5. CHAPTER 5: CENTRE OF MAIN INTEREST: CONCEPT AND POSITION UNDER EU- REGULATION; 5.1 WHAT IS CENTRE OF MAIN INTEREST (CoMI); 5.2 DISCUSSION ON EU REGULATION ON CROSS BORDER INSOLVENCY, 2000 VIS-À-VIS DETERMINATION OF COMI; 5.3 CASE ANALYSIS OF EUROFOOD –IFCS CASE; 5.3.1 FACTS OF THE CASE; 5.3.2 RULING OF DUBLIN HIGH COURT IN RELATION TO DETERMINATION OF CoMI; 5.3.3 RULING OF THE IRISH SUPREME COURT ON AN APPEAL BY MR. BONDI; 5.3.4 REFERENCE TO THE EUROPEAN COURT OF JUSTICE WITH A BRIEF ACCOUNT OF JURISDICTIONAL POWER OF THE ECJ AND ITS BINDING NATURE ON THE PARTIES; 5.3.4.1 JURISDICTION OF ECJ; 5.3.4.2 EXTENT OF BINDING NATURE OF THE DECISION GIVEN BY ECJ; 5.3.5 DECISION OF THE ECJ; 5.4 LATER DEVELOPMENT IN THE EU REGULATION VIS-A- VIS CENTRE OF MAIN INTEREST; 5.4.1 EU REGULATION, 2015; 5.5 RECENT DEVELOPMENT; 5.6CRITICAL ANALYSIS; 6. CHAPTER 6: CENTRE OF MAIN INTEREST: UNICTRAL MODEL LAW VIS-A- VIS POSITION UNDER UNITED STATES; 6.1 INTRODUCTION; 6.2 CENTRE OF MAIN INTERST; 6.2.1 CONFLICT OF OPINION AMONG COURTS IN US FOR DETERMINING CoMI; 6.3 CRITICAL ANALYSIS; 7. CHAPTER 7: INDIAN PERSPECTIVE RELATING TO CROSS BORDER INSOLVENCY AND CENTRE OF MAIN INTERESTS; 7.1 DISCUSSION ON CROSS BORDER INSOLVENCY AND COMI IN JET AIRWAYS CASE; 7.2 CRITICAL ANALYSIS; 8. CHAPTER 8: CONCLUSION AND SUGGESTIONS; 8.1 CONCLUSION; 8.2 SUGGESTION; 8.2.1 IN RELATION TO AVOIDANCE OF FORUM SHOPPING AND INCREAING THE EFFICIENCY OF LAWS; 8.2.2 IN RELATION TO PROCEDURAL ASPECTS; 8.2.3 CoMI OF CORPORATE GROUPS; 9. BIBLIOGRAPHY.
The determination of the centre of main interest in the cross border insolvency and intricacies appurtenant to it - BangaloreBangalore NLSIU 2020 - 69 p. ; 25 cm.
TABLE OF CONTENT 1. CHAPTER 1: INTRODUCTION; 1.1 STATEMENT OF THE PROBLEM; 1.2 AIMS AND OBJECTIVES OF THE STUDY; 1.3 HYPOTHESIS; 1.4 RESEARCH QUESTIONS; 1.5 RESEARCH METHODOLOGY; 1.6 SIGNIFICANCE OF THE STUDY; 1.7 SCOPE AND LIMITATIONS; 1.8 MODE OF CITATION; 1.9 SCHEME OF STUDY: CHAPTER IZATION; 2. CHAPTER 2: REVIEW OF LITEATURE; 3. CHAPTER 3: EVOLUTION AND DEVELOPMENT OF CONCEPT OF INSOLVENCY AND CROSS BORDER INSOLVENCY; 3.1 HISTORY AND EVOLUTION OF INSOLVENCY LAW; 3.2 INDIAN SCENARIO; 3.3 EMERGENCE OF THE CONCEPT OF CROSS BORDER INSOLVENCY AND VIS-À-VIS INIDAN SCENARIO; 3.4 CRITICAL ANALYSIS; 4. CHAPTER 4: CROSS BORDER INSOLVENCY: A THEORITICAL PERSPECTIVE; 4.1 UNIVERSALISM; 4.2 TERRITORIALISM; 4.3 MODIFIED UNIVERSALISM; 4.4 CO-OPERATIVE TERRITORIALITY; 4.5 CONTRACTUALISM; 4.6 CRITICAL ANALYSIS; 5. CHAPTER 5: CENTRE OF MAIN INTEREST: CONCEPT AND POSITION UNDER EU- REGULATION; 5.1 WHAT IS CENTRE OF MAIN INTEREST (CoMI); 5.2 DISCUSSION ON EU REGULATION ON CROSS BORDER INSOLVENCY, 2000 VIS-À-VIS DETERMINATION OF COMI; 5.3 CASE ANALYSIS OF EUROFOOD –IFCS CASE; 5.3.1 FACTS OF THE CASE; 5.3.2 RULING OF DUBLIN HIGH COURT IN RELATION TO DETERMINATION OF CoMI; 5.3.3 RULING OF THE IRISH SUPREME COURT ON AN APPEAL BY MR. BONDI; 5.3.4 REFERENCE TO THE EUROPEAN COURT OF JUSTICE WITH A BRIEF ACCOUNT OF JURISDICTIONAL POWER OF THE ECJ AND ITS BINDING NATURE ON THE PARTIES; 5.3.4.1 JURISDICTION OF ECJ; 5.3.4.2 EXTENT OF BINDING NATURE OF THE DECISION GIVEN BY ECJ; 5.3.5 DECISION OF THE ECJ; 5.4 LATER DEVELOPMENT IN THE EU REGULATION VIS-A- VIS CENTRE OF MAIN INTEREST; 5.4.1 EU REGULATION, 2015; 5.5 RECENT DEVELOPMENT; 5.6CRITICAL ANALYSIS; 6. CHAPTER 6: CENTRE OF MAIN INTEREST: UNICTRAL MODEL LAW VIS-A- VIS POSITION UNDER UNITED STATES; 6.1 INTRODUCTION; 6.2 CENTRE OF MAIN INTERST; 6.2.1 CONFLICT OF OPINION AMONG COURTS IN US FOR DETERMINING CoMI; 6.3 CRITICAL ANALYSIS; 7. CHAPTER 7: INDIAN PERSPECTIVE RELATING TO CROSS BORDER INSOLVENCY AND CENTRE OF MAIN INTERESTS; 7.1 DISCUSSION ON CROSS BORDER INSOLVENCY AND COMI IN JET AIRWAYS CASE; 7.2 CRITICAL ANALYSIS; 8. CHAPTER 8: CONCLUSION AND SUGGESTIONS; 8.1 CONCLUSION; 8.2 SUGGESTION; 8.2.1 IN RELATION TO AVOIDANCE OF FORUM SHOPPING AND INCREAING THE EFFICIENCY OF LAWS; 8.2.2 IN RELATION TO PROCEDURAL ASPECTS; 8.2.3 CoMI OF CORPORATE GROUPS; 9. BIBLIOGRAPHY.