Vol 19 (2022) - Issue 1

Article preview

Insolvency and the Role of English Law

Insolvency is the time when at last jurisdictions have to make a choice as to which legal policy they will follow.
The choice cannot be avoided or compromised. The choices are controversial and typically are not at all easy. This is when, as regards commercial and financial law, a jurisdiction shows its credentials.
The battles over ideology are especially fierce in relation to judicial rescues.
At one time internationally, there was no such thing as a corporate rescue involving the intervention of the courts, except for various compositions which nobody ever used.