Conflict of Laws in Insolvency Transaction Avoidance

Singapore Academy of Law Journal, Vol. 20, p. 343, 2008

32 Pages Posted: 10 Jul 2008  

Look Chan Ho

Freshfields Bruckhaus Deringer LLP

Date Written: July 9, 2008

Abstract

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

Ho, Look Chan, Conflict of Laws in Insolvency Transaction Avoidance (July 9, 2008). Singapore Academy of Law Journal, Vol. 20, p. 343, 2008. Available at SSRN: https://ssrn.com/abstract=1157560

Look Chan Ho (Contact Author)

Freshfields Bruckhaus Deringer LLP ( email )

65 Fleet Street
London EC4Y 1HS
United Kingdom
+44 20 7936 4000 (Phone)
+44 20 7108 2089 (Fax)

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