Extraterritorial Effect of French Law on Insolvency

Cross-border insolvencies are perhaps one of the numerous consequences of the increased globalization of and recent downturns in the economy.

As we all know there is no comprehensive international law on insolvency although numerous trends and efforts push towards building adequate legal frameworks to deal with certain effects entailed by the financial distress of multinational companies: among those, the UNCITRAL model and the recent EC Regulation n° 1346 of May 2002.

Blue Tinting: Commodity Supply Contracts in Androscoggin Energy L...

Can a court ordered stay of proceedings under the Canadian restructuring statute, the Companies’ Creditors Arrangement Act (the “CCAA”) apply to a contract for the supply of natural gas? This depends in part on whether the contracts fall within the definition of “eligible financial contracts” under the CCAA, and, in part, on the terms of the contracts.

Fairchild Summary

In the recent decision, In re Petition of Dr. Eberhard Braun, in his Capacity as Insolvency Administrator for Fairchild Dornier GmbH, Case No. 02-52351-LMC, the bankruptcy court denied a motion to reconsider a motion seeking relief from an 11 U.S.C. §304 injunction.

European Law on Cross-border Insolvencies: Status of French Pract...

The EC Regulation1 on insolvency (Regulation) went into effect in May 2002 in all E.U. member states except for Denmark. The rules contained in the Regulation will have a significant impact on French practice in cross-border insolvency cases, especially in that the courts may have jurisdiction to open a main insolvency proceeding against a legal entity domiciled in the European Union.