Conflict of Laws in Insolvency Transaction Avoidance
Singapore Academy of Law Journal, Vol. 20, p. 343, 2008
32 Pages Posted: 10 Jul 2008
Date Written: July 9, 2008
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in considering the current state of play under English choice of law rules in insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on extraterritorial application of domestic statutes, reflect the philosophical underpinnings of universalism and draw on the US conflicts experience.
Keywords: cross-border insolvency, international insolvency, insolvency clawback, avoidance of antecedent transactions, choice of law, conflict of laws
JEL Classification: K10, K12, K19, K20, K29, K30, K33, K39, K40, K49
Suggested Citation: Suggested Citation