Choice of Law aspects of Mediation in Cross-Border Insolvencies within the European Legal Framework
Article from: TDM 4 (2017), in Comparative and International Perspectives on Mediation in Insolvency Matters
Every legal relation, bearing a foreign element, gives rise to questions in which private international law is interested. Cross-border insolvency is not an exception where, in order to resolve cross-border insolvency disputes, resort is to be made to state courts or alternative dispute resolutions. On 21 may 2008, European Parliament and Council adopted a Directive on certain aspects of mediation in civil and commercial matters which applies, in principle, solely to mediation in cross-border disputes ("Directive"). The application of such a Directive along with other ...