SGRI Professorship Lecture (September 2023)

The choice of insolvency forum can be one of the most significant factors affecting the outcome of an insolvency proceeding. Many jurisdictions encourage debtors to initiate insolvency proceedings in the place of their Center of Main Interest (“COMI”). A similar approach is taken by the UNCITRAL Model Law on Cross-Border Insolvency. But a rule based on COMI is imperfect and manipulable, and it can lead to uncertainty, litigation costs and an inefficient outcome in insolvency. Therefore, the current approach to deal with insolvency forum needs to be revisited. In this lecture, Professor Anthony Casey will review the debate over forum selection in insolvency, present the arguments for alternative approaches, and discuss how these approaches connect with Singapore’s emergence as a major hub for global restructuring.

For more information, please visit the lecture website.