A rose by another name has its thorns by David Conaway

In 2017, the U.S.’s largest trading partner was the European Union at $717 billion. Also in 2017, EU countries represented approximately 43% of foreign direct investment in the U.S.

This trade is memorialised by a variety of contracts including sales contracts, joint venture agreements, technology and licensing agreements, financing agreements, agency and distribution agreements, and real and personal property leases. With the growth of cross-border insolvencies by companies with operations and assets in multiple countries, and acknowledging that the U.S.’s Chapter 11 is an often utilised as a strategic business tool, it is likely that such contracts will be impacted by Chapter 11.