Abstract
Abstract This chapter begins by providing an overview of the uniform rules of choice of law which are applicable to all proceedings governed by the EU Insolvency Regulation Recast (RR). The RR has replaced the original EC Insolvency Regulation (OR) and is applicable to insolvency proceedings opened on or after 26 June 2017. The choice of law rules are contained in Articles 7–18 RR and are substantially the same as their equivalents in the OR. The chapter then sets out the general principles of the RR in relation to its choice of law provisions. It discusses the general workings of the RR as to its choice of law provision in Article 7 and its system of the lex concursus (the law of the court that has opened insolvency proceedings) as the general rule. The chapter also examines the exceptions to this system, which are codified in Articles 8–18 RR. Finally, it looks at the material scope of the choice of law rules as a result of the introduction of a new provision in Article 6 RR and analyses the more complicated relation between applicable law and competence as to topics not covered in Articles 7 and 8–18 RR.
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