Insolvência transnacional: desafios e soluções para conflitos de competência e forum shopping

Abstract

This study addresses transnational insolvency, with an emphasis on the challenges arising from conflicts of jurisdiction and the practice of forum shopping, examining their legal and economic consequences, as well as the role of international bodies in the harmonization and unification of Private International Law (PIL) and International Trade Law (ITL) rules, with particular attention to the work of the United Nations Commission on International Trade Law (UNCITRAL). The research offers a critical analysis of the criteria for determining Center of Main Interests (COMI), the practice of abusive choice of forum, and cases involving transnational jurisdictional conflicts, through a comparative, doctrinal, jurisprudential, and practical approach. The objective is to identify effective solutions for conflicts of jurisdiction resulting from the uncertainty of the competent forum to adjudicate the insolvency of transnational corporations.