Title

Recognition of Foreign Judgments and Cross-Border Insolvencies

Publication Type

Journal Article

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

Commercial Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

2014

Issue

2

First Page

241

Last Page

268

ISSN

0306-2945

Publisher

Informa

Additional URL

http://www.i-law.com/ilaw/doc/view.htm?id=336958