IBA Annual Conference Toronto 2025

2 Nov - 7 Nov 2025

Session information

Forum shopping in insolvency proceedings: should COMI still be the rule?

Thursday 6 November (1115 - 1230)

Committee(s)

Insolvency Section (Lead)
Litigation Committee

Description

Forum shopping in insolvency proceedings—where debtors choose jurisdictions with favourable laws has sparked significant debate. Central to this is the Centre of Main Interests (COMI), which determines jurisdiction based on where the debtor regularly administers their interests.

Recent critiques highlight COMI's flaws, including inflexibility, susceptibility to manipulation, and uncertainty. Our experienced panellists will discuss recent and high-profile cross-border case law involving COMI, the strategies developed by stakeholders, and their impact on related restructuring and insolvency matters. They will also evaluate whether alternative concepts to COMI, as used by relevant courts, offer credible solutions or if they warrant criticism.