Recognition Born of Fiction - Rubin v. Eurofinance

Abstract:     
The English Court of Appeal in Rubin v Eurofinance took a courageous step to enforce a monetary judgment rendered by the US bankruptcy court that would not otherwise be enforceable under ordinary conflict of laws rules. But its reasoning relies on pure legal fiction that bankruptcy proceedings are neither in rem nor in personam. The decision is in the final analysis a most unhelpful development of the common law.

Number of Pages in PDF File: 21

Keywords: Conflict of laws, Cross-border insolvency, Enforcement of foreign insolvency judgments

JEL Classification: K10, K11, K12, K19, K20, K29, K30, K33, K39, K40, K41, K42, K49

Accepted Paper Series