The Application of Party Autonomy in Resolving the Conflict of Laws and Jurisdictions in International Insolvency

Alipanah, Alireza; Kazemi Dastjerdei, Mahsa

doi:10.22106/jlj.2025.2046883.6125

The Application of Party Autonomy in Resolving the Conflict of Laws and Jurisdictions in International Insolvency

Document Type : Research/Original/Regular Article

Authors

Alireza Alipanah ¹

Mahsa Kazemi Dastjerdei ²

¹ Assistant Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

² MA. in Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

10.22106/jlj.2025.2046883.6125

Abstract

Today, the scope of the insolvency of many enterprises is not limited to the borders of a territory. Multinational firms have significant and impressive contacts with the jurisdictions of different countries. So, their failure leads to the essential question of which country's laws and courts should resolve the issues caused by such an event. One of the answers proposed to the recent question is the theory of applying party autonomy in resolving the conflict of laws and jurisdictions in international insolvency, and various opinions have been expressed for or against the proposal. This essay has described and analyzed the arguments of the proponents and opponents of this proposal to understand the principles of the views of each of these two groups and the basis of the current mandatory laws in this field as well, and showed that the proposal application in practice faces many legal and practical obstacles and is opposed to the dominant approach to the concept of insolvency.

Keywords

Private International Law

International Trade Law

International Insolvency

Conflict of Laws and Jurisdictions

Party Autonomy

Subjects