Applying Foreign Law – Realising the Model Law’s Potential
Journal of International Banking Law and Regulation, p. 552, 2010
43 Pages Posted: 17 Oct 2010
Date Written: September 11, 2010
This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy discharge, executory contracts and the avoidance of antecedent transactions. Serving as a case study is the Lehman/Perpetual Trustee litigation.
Keywords: Cross-Border Insolvency, Discharge from Bankruptcy, Enforcement, Recognition of Foreign Judgments
JEL Classification: K10, K12, K19, K20, K29, K30, K33, K39, K40, K41, K49
Suggested Citation: Suggested Citation