Applying Foreign Law – Realising the Model Law’s Potential

Abstract:     
This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy discharge, executory contracts and the avoidance of antecedent transactions. Serving as a case study is the Lehman/Perpetual Trustee litigation.

Number of Pages in PDF File: 43

Keywords: Cross-Border Insolvency, Discharge from Bankruptcy, Enforcement, Recognition of Foreign Judgments

JEL Classification: K10, K12, K19, K20, K29, K30, K33, K39, K40, K41, K49

Accepted Paper Series