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Chapter 12 summarises our key research findings. It extracts key themes emerging throughout the monograph including the actual practical effect of the cooperation obligations in the EIR Recast on cross border insolvency matters and their resolution. The dearth of cross border insolvency litigation involving more than one member state court was a consistently expressed empirical perspective by practitioners and judiciary alike. In the comparative context the monograph also draws a parallel between recognition obligations under the EIR Recast and the enforcement of court orders across jurisdictions on the one hand and between the broader cooperation obligations and the concept of judicial assistance on the other. The latter has proved to be more problematic. The chapter explores the role of practitioners in this context and in addition, considers the experience of the judiciary in member states based on our empirical research. Our conclusions in the broader context of EU integration, and the relevance of judicial role and function, calls for further research in this area, most appropriately driven in our view by specific doctrinal issues. In this monograph the emerging area of corporate restructuring law focussed our research, allowing us to engage with specialised practitioners and judges in a manner which was driven but also focussed by an immediate engagement with doctrinal subject matter.

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