ABSTRACT
This chapter focusses on jurisdiction in cross-border insolvency proceedings. It explains that modified universalism is the dominant approach to jurisdiction in the European Union insolvency law. Modified universalism provides a possibility to open main and secondary insolvency proceedings. The basis for opening main insolvency proceedings is the concept of centre of main interests (COMI), which is based on rebuttable presumptions. Secondary insolvency proceedings may be opened if an establishment of a debtor is found. This chapter addresses the main cases related to interpretation of COMI and establishment and argues that main and secondary insolvency proceedings remain autonomous (with different applicable law), but they do not exist in isolation.
