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.