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COMI shifting: a fluid determination in international insolvencies?

David S Ward, Larry Ellis and Erin Craddock

Cassels Brock & Blackwell LLP

Tuesday 11 December 2018


Insolvency professionals tend to think of the centre of main interest (COMI) determination in cross-border insolvencies as a once and for all fixed determination. However, as with many decisions in a restructuring proceeding, it sometimes makes sense to revisit them as matters develop and new facts are uncovered. The occasionally ‘shifting nature’ of COMI is readily apparent in an international pyramid scheme wind-down involving courts in Canada and the Isle of Man.

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