Lecture 1: Determining the competent court. The concept of COMI under the European Insolvency Regulation, recast (EIR Recast).
Lecturers: Prof. Bob Wessels, Ilya Kokorin LLM (Leiden University)
Experts: Daphne Beunk (the Netherlands) and Chiara Lunetti (Italy)
The first lecture in the series of "European Insolvency Law" introduces the European Insolvency Regulation (recast) (EIR Recast), the major legal instrument of direct binding nature, regulating selected issues of international insolvency at the European level. The lecturers will cover the historical background of the EIR Recast, its scope and general mode of operation. The focus will be on the issue of international insolvency jurisdiction and the concept of the centre of main interest (COMI), which determines the international jurisdiction for the opening of main insolvency proceedings. The allocation of COMI is of significant practical importance, as it usually indicates the law applicable to insolvency proceedings. The experts signal practical problems for practitioners and courts in their domestic jurisdiction.
COMI is a problematic legal norm. In practice, around half of the court cases and a large number of disputes arise from the application of the concept of COMI. This is why it is of practical relevance to start with it and cover it in sufficient depth and detail. The lecture will do so and supply answers to the following questions:
This course is recorded in HD quality in our new and improved studio. Our videos can be viewed at one’s own convenience!
©Recording April 2019
|Doelgroep:||advocatuur||Prijs:||€ 175,- ex. btw|
After being a law professor for over 25 years (professor of International Insolvency Law, University of Leiden 2007-2014; professor of Civil and Commercial Law, Vrije University Amsterdam 1988-2008), Bob Wessels retired in 2014. He is still involved in many counsel, research and teaching activities as independent legal counsel, advisor and arbitrator.