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In recent years, a fragmented global picture of legislation supporting mediation in finance has emerged and a number of ADR service providers have started to offer mediation services specifically for the financial market. Although academics and professional express great appreciation for...
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Traditionally, in Italy the resolution of corporate distress was constricted to formal insolvency procedures. Until, recently, the development of a new approach toward insolvency and business failure has allowed legislators, both at a national and European level, to begin to have to pay an...
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Though now possible, no European state is competing for incorporations, and this is unlikely to happen in a general fashion. In this paper I argue, however, that the possibility of one state competing for one specific segment of the market for incorporations should not be ruled out altogether....
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The paper was written as part of the preliminary research for the Human Centred Business Model Project, a project developed within the Global Forum on Law, Justice and Development and now supported by the OECD Development Centre. In a preliminary fashion, the paper skims the surface of...
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The Reform of the Bankruptcy Act carried out in Italy in 2005-2007 introduced two forms of workout agreements (out-of-court reorganization plans and court-controlled multi-party agreements). The two devices are mainly conceived as a safe harbour from fraudulent conveyance and preference law. A...
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The Italian insolvency and pre-insolvency frameworks have been reformed recently (2019). This paper recalls the intense period of reforms in Italian insolvency law, started in 2005 and culminated with the new ‘Code of enterprise crisis and of insolvency'. The Code introduces new rules for...
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Italian Abstract: Lo studio fornisce un ampio insieme di nuove evidenze empiriche sull'impiego e sul funzionamento delle procedure di concordato preventivo basate su un dataset, appositamente assemblato, che costituisce la più ricca base informativa al momento disponibile. I concordati sono...
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