Applying Foreign Law Under the UNCITRAL Model Law on Cross-Border Insolvency
Look Chan Ho
Freshfields Bruckhaus Deringer LLP
Butterworths Journal of International Banking and Financial Law, Vol. 24, p. 655, 2009
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.
Number of Pages in PDF File: 15
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
Date posted: January 5, 2010