Annual Survey of International & Comparative Law


As multinational trade has increased, so has the need for crossborder insolvency agreements. For forty years, the European Community and European Union have attempted to agree on cross-border insolvency procedures. The author explores the history of these efforts, the policy issues which have made agreement difficult, and the demise of the EUs best hope for a cross-border insolvency agreement: the failed 1995 Convention. Finally, she compares past and current proposals, and explains why they are inferior solutions to the failed Convention.