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Applying Foreign Law Under the UNCITRAL Model Law on Cross-Border Insolvency

Butterworths Journal of International Banking and Financial Law, Vol. 24, p. 655, 2009

15 Pages Posted: 5 Jan 2010  

Look Chan Ho

Freshfields Bruckhaus Deringer LLP

Date Written: 2009

Abstract

The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law.

There is no convincing common-law objection to the application of foreign law.

The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of the US Bankruptcy Code and faithful to the philosophical underpinnings of the UNCITRAL Model Law on Cross-Border Insolvency.

Keywords: UNCITRAL Model Law on Cross-Border Insolvency, UK Cross-Border Insolvency Regulations, Chapter 15 of the US Bankruptcy Code, conflict of laws

JEL Classification: K1, K19, K2, K29, K3, K33, K39, K4, K41, K49

Suggested Citation

Ho, Look Chan, Applying Foreign Law Under the UNCITRAL Model Law on Cross-Border Insolvency (2009). Butterworths Journal of International Banking and Financial Law, Vol. 24, p. 655, 2009. Available at SSRN: https://ssrn.com/abstract=1530880

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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