Intersections of judicial collective redress and corporate restructuring law:

Two rapidly developing fields of private law - corporate restructuring law on the one hand and judicial collective redress on the other - may intersect. The two distinct legal spheres intersect when a distressed but viable corporate defendant initiates a restructuring procedure to resolve its mass tort liability with as much finality as possible. These so-called mass tort restructurings are already common in the U.S., a pioneer in both restructuring law and collective redress. But mass tort restructurings are not limited to the U.S. borders. This article provides an overview of mass tort restructurings in England and Wales based on presently documented case law. These English case studies provide a unique perspective on mass tort restructurings and may thereby contribute to a broader EU-wide policy debate on such restructurings in general.

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Publication Details

Journal
European Insolvency and Restructuring Journal
Published
2025-05-09
DOI
https://doi.org/10.54195/eirj.22285
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Intersections of judicial collective redress and corporate restructuring law:

Arwin Tavakolnia
European Insolvency and Restructuring Journal
Corporate Law and Human Rights
article

Intersections of judicial collective redress and corporate restructuring law:

Arwin Tavakolnia
article en

Abstract

Two rapidly developing fields of private law - corporate restructuring law on the one hand and judicial collective redress on the other - may intersect. The two distinct legal spheres intersect when a distressed but viable corporate defendant initiates a restructuring procedure to resolve its mass tort liability with as much finality as possible. These so-called mass tort restructurings are already common in the U.S., a pioneer in both restructuring law and collective redress. But mass tort restructurings are not limited to the U.S. borders. This article provides an overview of mass tort restructurings in England and Wales based on presently documented case law. These English case studies provide a unique perspective on mass tort restructurings and may thereby contribute to a broader EU-wide policy debate on such restructurings in general.

European Insolvency and Restructuring Journal
University of Amsterdam (NL)
Openalex Percentile: Top 89%
Corporate Law and Human Rights
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