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

Abstract

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

Ho, Look Chan, Applying Foreign Law – Realising the Model Law’s Potential (September 11, 2010). Journal of International Banking Law and Regulation, p. 552, 2010, Available at SSRN: https://ssrn.com/abstract=1675487

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

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