Prior with the rules of private international law.[3]

Prior
to the coming into force of the ECIR, if a foreign company was found to have sufficient
connection with England, the court could exercise its discretion to wind up
that company as an unregistered company under Section 221 of the Insolvency Act
1985. The ECIR Article 3(2) now precludes this jurisdiction, although the test
remains in place for companies that fall outside its scope. In Re Arena Corporation Ltd 1 the English court
found that a company incorporated in the Isle of Man but with its Centre Of Main Interest or “COMI” in
Denmark2
had sufficient connection with England to exercise its jurisdiction under
Section 221 of the IA 1986 to wind up the company. Cases such as these, which
do not meet the jurisdictional requirements of main or territorial proceedings,
will be subject to the relevant national law and will be recognised by EU
member states and non- member states alike in accordance with the rules of
private international law.3

1 (2003) All ER (D) 277

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2 Recitial
(33) of the ECIR confirms that Denmark, which exercised its opt-out in relation
to the ECIR, is not to be regarded as a “member state” for the purposes of the
ECIR.

3 Ian Johnson, Insolvency Law, Policy and Procedure: England
and Wales (4th edn, Slaughter and May 2016)

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