Global Venue Controls Are Coming: A Reply to Professor LoPucki

01 Jan 2005

This Article details my disagreements with Professor Lynn LoPucki's article "Global and out of Control" (79 Am. Bankr. L.J. 79). Part I discusses universalism and territorialism, especially the modified version of universalism that I support. Part II examines the international venue provisions of the Model Law and the EU Regulation. Part III introduces the relevant venue shopping cases. Only two groups of cases are relevant for the purpose of this paper: the French and German subsidiaries of Daisytek and Eurofood (a subsidiary of Parmalat SpA, the Italian conglomerate). None of the other cases that Professor LoPucki discusses was subject to the venue provisions of either the EU Regulation or the Model Law. Part IV explains the amendments that I believe are needed for the EU Regulation and the Model Law to deal more effectively with venue decisions and discusses how these changes would affect the venue decisions in Eurofood and the continental Daisytek subsidiaries. Finally, Part V contains concluding remarks.