Publication Type
Journal Article
Version
submittedVersion
Publication Date
2014
Abstract
In the joined appeals of Rubin v Eurofinance and New Cap Reinsurance v Grant, the Supreme Court held that first, the traditional rules on recognition and enforcement of foreign judgments applied to judgments in insolvency proceedings, and secondly, the act of lodging proof in foreign insolvency proceedings by a creditor meant that he had submitted to the jurisdiction of the supervising court. This article considers these decisions and suggests that the ruling in Rubin is sound while that in New Cap is unfounded. Further, assuming instead that the law is ripe for reform, this article considers what might be appropriate recognition and enforcement rules for judgments in insolvency proceedings.
Discipline
Commercial Law
Research Areas
Corporate, Finance and Securities Law
Publication
Lloyd's Maritime and Commercial Law Quarterly
Volume
2014
Issue
2
First Page
241
Last Page
268
ISSN
0306-2945
Publisher
Informa
Citation
CHONG, Adeline.
Recognition of foreign judgments and cross-border insolvencies. (2014). Lloyd's Maritime and Commercial Law Quarterly. 2014, (2), 241-268.
Available at: https://ink.library.smu.edu.sg/sol_research/1276
Copyright Owner and License
Author
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://www.i-law.com/ilaw/doc/view.htm?id=336958