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1 – 10 of 171The applicable jurisdiction for insolvency proceedings, as provided by the Regulation (EC) No 1346/2000 on insolvency proceedings, is the court of the Member State where the…
Abstract
Purpose
The applicable jurisdiction for insolvency proceedings, as provided by the Regulation (EC) No 1346/2000 on insolvency proceedings, is the court of the Member State where the debtor's center of main interest (COMI) is located (Article 3(1)). The Regulation, however, does not provide a comprehensive definition of the COMI. This paper seeks to explore the meaning and developments behind the meaning of COMI as influenced by judicial reasoning and conflicts across Member States.
Design/methodology/approach
The study centres around the emerging jurisprudence and analyses case law across Member States in order to draw conclusions on the meaning of COMI and the emerging concepts. Extensive consideration of statutory interpretation, case reports and judicial comment is present in order to inform and develop conclusions.
Findings
In the absence of a definition it appears that the only relevant European guidance emerges from recital 13 and Article 3 (1). With little guidance in the Regulation, it has therefore been left to national courts to decide how the notion of COMI should be interpreted. Determining the COMI has emerged as one of the most controversial aspect and the principle point of legal conflict, with some highly debated cases within member states’ courts. On the basis of the case law, it is suggested that the interpretation of COMI is more flexible in UK and Italian courts. The approach adopted in continental Europe is referred to as the “centre of operations approach”, i.e. the debtor's COMI has to be determined by the place where he is “ascertainable by third parties”. The Anglo Saxon approach, on the other hand, is known as the “mind of management approach”, i.e. the debtor's COMI must be situated where decisions are actually made. The latter seems to enjoy a more practical and accessible approach.
Originality/value
Not only will the findings assist those seeking to understand the process and COMI requirements across member states but it will also assist those researchers seeking to understanding the comparative and conflict of law barriers to pan‐European insolvency proceedings.
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Rosanna Pittiglio, Filippo Reganati and Claudia Tedeschi
This chapter aims to investigate to what extent differences in legal systems affect cross-border insolvency. Specifically, it aims to answer the following research questions: What…
Abstract
Purpose
This chapter aims to investigate to what extent differences in legal systems affect cross-border insolvency. Specifically, it aims to answer the following research questions: What is the relationship between multinational status and firm death rates? To what extent can the legal system affect the pattern of firms’ death across countries? How can the cross-border insolvency legal rules produce firms’ death or survival through corporate restructuring and bailout?
Methodology/approach
We apply survival methods and estimate a discrete-time hazard model in which we look for the effect of foreign ownership on firm death, controlling for firm- and industry-specific covariates. In doing this we analyse the determinants of firms’ death and crisis distinguishing Italian foreign-owned firms according to the legal system of the country where they have their ‘centre of main interests’ (COMI).
Findings
Our main findings reveal that Italian firms owned by foreign multinationals are more likely to exit and to be in crisis than national firms. In addition, Italian foreign-owned firms which have their COMI in a Common law country, compared with those having their COMI in a Civil law country, exhibit a lower risk of death and a higher likelihood of surviving the crisis.
Research limitations/implications
This analysis was limited to all Italian firms. Therefore, it might be interesting to verify if there is a sort of country/sectoral heterogeneity in the firms’ behaviour. In addition, the analysis could be extended to the Italian firms investing abroad (i.e. Domestic MNEs).
Originality/value
Overall, our study enriches our understanding of the determinants of foreign-owned firms’ survival in Italy and highlights the important role assumed by the countries’ legal environment. Although the vast majority of legal systems establishes that business crisis management is no longer aimed at repressing and sanctioning, but rather at preserving the entrepreneurial complex, and rescuing and maintaining business activity, we provide some insights into how differences between Common law countries and Civil law countries affect cross-border insolvency.
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Patrick Corrigan, Blythe Buchholz, Patrick J. Michaels and Sue McKenzie
Disclosure of mental illness is a key ingredient in contact-based public stigma change strategies. Adults who disclose their personal recovery story experience greater empowerment…
Abstract
Purpose
Disclosure of mental illness is a key ingredient in contact-based public stigma change strategies. Adults who disclose their personal recovery story experience greater empowerment and heightened quality of life. Qualitative research suggests youth may similarly benefit, but also have unique benefits and costs associated with disclosure. The purpose of this paper is to examine adults’ perceived costs and benefits of mental illness disclosure for middle and high school students with a new measure, the Coming Out with Mental Illness Scale for Children (COMIS-Child).
Design/methodology/approach
In total, 300 adult participants from Amazon’s MTurk completed the COMIS-Child, the Beliefs about Disclosure Scale (BDS), assessing perceptions about child disclosure, and the Attribution Questionnaire, assessing public stigma.
Findings
Principal component analyses of the COMIS-Child yielded one factor representing disclosure costs and two factors for benefits (changing pubic stigma; person-defined benefits). Internal consistencies of the COMIS-Child factors were strong. Parents with children with mental illness endorsed more costs and fewer benefits from the changing public stigma factor than other respondents. Regression analyses showed decisions about youth disclosing mental illness from the BDS were associated with perceived costs, perceived benefits as personally defined, and public stigma. Disclosure beliefs were also inversely associated with public stigma.
Social implications
Adults who identify more costs and fewer benefits were less likely to believe youth should disclose, favoring a more conservative approach to youth disclosure. This highlights the importance of participating in self-stigma interventions that guide an individual’s decision making about disclosure.
Originality/value
To the author’s knowledge, this is the first study examining adults’ perceptions of youth disclosure of mental illness.
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Noah Lorincz-Comi, Samba Bah, Howard T. Welser and Jack Maduka
The purpose of this paper is to identify the effect of depression symptoms and their associated severity on reducing treatment sought for chronic medical conditions in respondents…
Abstract
Purpose
The purpose of this paper is to identify the effect of depression symptoms and their associated severity on reducing treatment sought for chronic medical conditions in respondents living in a low-/middle-income country.
Design/methodology/approach
Data for this paper are provided by the national cross-sectional World Health Survey (2003) completed in Pakistan. The authors constructed two samples: one reporting an angina diagnosis (n=150) and another an arthritis diagnosis (n=176), each reporting two or more respective disease symptoms. Logistic regression models, after controlling for confounding variables, were performed to predict treatment received in the last two weeks for respondents’ respective disease.
Findings
In respondents with angina, depression severity significantly reduced the likelihood of angina treatment received in the two weeks before survey; depression treatment significantly increased this likelihood. In respondents with arthritis, no psychopathologic variables predicted arthritis treatment received.
Research limitations/implications
This paper works to elucidate the constructs underlying the heavy chronic disease burdens, we currently witness in low-/middle-income countries. As the authors’ design is cross-sectional, future research would benefit from using longitudinal designs to further investigate the relationship between these morbidities.
Practical implications
These findings encourage further collaboration between medical and mental health professionals to develop stratified treatment strategies, especially in potentially underdeveloped settings, such as Pakistan. This paper also encourages the development of policy intended to provide residents of Pakistan and countries in similar socioeconomic positions with more medical and psychiatric treatment services.
Originality/value
This paper is unique in identifying the relationship between these morbidities in a large, population-based sample of respondents from a low-/middle-income country, Pakistan.
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Marie Reumont, François Cooren and Claudia Déméné
Communicating a clear, precise, interpretable and unambiguous visual message usually relies on a cross-disciplinary team of professionals. Their complementary visions can uncover…
Abstract
Purpose
Communicating a clear, precise, interpretable and unambiguous visual message usually relies on a cross-disciplinary team of professionals. Their complementary visions can uncover which information matter and how it could be visually displayed to inform, sensitize and encourage people to act toward sustainability. While design studies generally claim that this team has to come to a shared vision, the authors question this assumption, which seems to contradict the benefits of cross-disciplinarity. The purpose of this study is to reveal how simple visual representations displayed in a PowerPoint actively participate in the expression of various and sometimes divergent visions. Recognizing the agency of visuals also leads this study to propose the notion of (un)shared professional vision, which shows that the richness of visual representations can only reveal itself through the capacity of professional visions to maintain their differences while confronting each other.
Design/methodology/approach
Over a 20-month ethnography, this study documented its own cross-disciplinary reflective design process, which aimed to design collectively an experimental environmental label, focusing on interactions occurring between professionals and visuals displayed on five key PowerPoint slides.
Findings
This study first demonstrates how, in practice, a cross-disciplinary reflective design conversation with visuals concretely unfolds through boundary-objects. This study shows how these visuals manage to ex-press themselves through the multiple visions represented in the discussions, revealing their complexity. Second, this study introduces the notion of (un)shared professional vision which underlines that unsharing a vision nurtures the team’s collective capacity to express the complexity of a design situation, while sharing a vision is also necessary to confront these respective expressions to allow the professional uncovering of what should be visually communicated.
Originality/value
The Communication as Constitutive of Organization lens the authors chose to understand the reflective design conversation illustrates that, even though each collaborator’s vision was “(un)shared,” their many voices expand the understanding of the situation and lead them to develop an unexpected and creative environmental information ecosystem that can positively transform society through visuals.
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Sabrina Bresciani and Alice Comi
The use of visual templates has proven instrumental in supporting group meetings. The purpose of this paper is to explore whether visual templates enable culturally diverse groups…
Abstract
Purpose
The use of visual templates has proven instrumental in supporting group meetings. The purpose of this paper is to explore whether visual templates enable culturally diverse groups to achieve greater task precision in face-to-face meetings.
Design/methodology/approach
Building on Adaptive Structuration Theory, it is argued that visual templates provide structuration for face-to-face meetings, even more so when they are embedded in computer-supported collaborative systems. In particular, it is hypothesized that the higher the degree of structuration imposed by visual templates, the higher the degree of task precision will be. It is also hypothesized that this relationship is positively moderated by group cultural diversity: higher cultural diversity will further sustain the positive effects of visual templates that provide higher structuration.
Findings
Results of an experiment with 229 managers from 49 countries confirm that facilitating groups with visual templates embedded in a computer-supported collaborative system significantly increases task precision at high levels of cultural diversity.
Research limitations/implications
This study contributes to Positive Organizational Scholarship (POS) by investigating the use of visual templates as a contingency factor that increases performance – specifically task precision – of co-located, culturally diverse groups.
Practical implications
Results indicate that visual templates embedded in a computer-supported collaborative system are an effective method for increasing task precision in face-to-face meetings of culturally diverse groups.
Originality/value
Theories from information systems and visualization are integrated into cross-cultural management with a view to sustaining the effectiveness of culturally diverse groups. The study sample is characterized by highly culturally diverse groups interacting in face-to-face meetings.
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Simona Lorena Comi, Mara Grasseni and Federica Origo
The purpose of this paper is to use the two-way fixed effect (TWFE) methodology to estimate the impact of the reform, exploiting its staggered implementation across regions. The…
Abstract
Purpose
The purpose of this paper is to use the two-way fixed effect (TWFE) methodology to estimate the impact of the reform, exploiting its staggered implementation across regions. The analysis is restricted to graduates from the short vocational track before and after the reform.
Design/methodology/approach
This paper studies the impact on the length of school-to-work transition of a reform that extended from two to three years the short vocational track in Italy in the early 2000s.
Findings
The study finds that the reform had a positive impact and reduced school-to-work transition by around five months (a 24% reduction). Moreover, the new short vocational track proved to be extremely effective for migrants and females, whose school-to-work transition was reduced by 1.4 years and 0.9 years, respectively. In implementing the new short vocational track, some regions adopted a quasi-market organization in which private training institutions competed with public schools. This model proved to be more effective in shortening school-to-work transitions, in particular for migrants.
Originality/value
This study makes an important contribution to the literature on the labor-market effect of vocational education by showing that lengthening the short vocational track, and changing the overall content of curricula, can speed up school-to-work transition.
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Since the beginning of 2020, economies faced many changes as a result of coronavirus disease 2019 (COVID-19) pandemic. The effect of COVID-19 on the Egyptian Exchange (EGX) is…
Abstract
Purpose
Since the beginning of 2020, economies faced many changes as a result of coronavirus disease 2019 (COVID-19) pandemic. The effect of COVID-19 on the Egyptian Exchange (EGX) is investigated in this research.
Design/methodology/approach
To explore the impact of COVID-19, three periods were considered: (1) 17 months before the spread of COVID-19 and the start of the lockdown, (2) 17 months after the spread of COVID-19 and the during the lockdown and (3) 34 months comprehending the whole period (before and during COVID-19). Due to the large number of variables that could be considered, dimensionality reduction method, such as the principal component analysis (PCA) is followed. This method helps in determining the most individual stocks contributing to the main EGX index (EGX 30). The PCA, also, addresses the multicollinearity between the variables under investigation. Additionally, a principal component regression (PCR) model is developed to predict the future behavior of the EGX 30.
Findings
The results demonstrate that the first three principal components (PCs) could be considered to explain 89%, 85%, and 88% of data variability at (1) before COVID-19, (2) during COVID-19 and (3) the whole period, respectively. Furthermore, sectors of food and beverage, basic resources and real estate have not been affected by the COVID-19. The resulted Principal Component Regression (PCR) model performs very well. This could be concluded by comparing the observed values of EGX 30 with the predicted ones (R-squared estimated as 0.99).
Originality/value
To the best of our knowledge, no research has been conducted to investigate the effect of the COVID-19 on the EGX following an unsupervised machine learning method.
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