Corporate rescue: A balanced protection of rights? A study of the English and French procedures

Dinusha Galappththy, Centre for Commercial Law and Regulation, University of Reading

Introduction

Debates on corporate rescue and insolvency processes are abounding with affirmations that certain interests are over, or under, represented and protected. Large bodies of literature consider the constituent elements of ‘procedural justice’, ‘participation’ and ‘proper representation’ as those which investigate whether certain decision-making processes can be said to reflect the concerns of given actors properly.[1]