Recognition Born of Fiction - Rubin v. Eurofinance
Journal of International Banking Law and Regulation, p. 579, 2010
21 Pages Posted: 24 Nov 2010
Date Written: November 23, 2010
The English Court of Appeal in Rubin v Eurofinance took a courageous step to enforce a monetary judgment rendered by the US bankruptcy court that would not otherwise be enforceable under ordinary conflict of laws rules. But its reasoning relies on pure legal fiction that bankruptcy proceedings are neither in rem nor in personam. The decision is in the final analysis a most unhelpful development of the common law.
Keywords: Conflict of laws, Cross-border insolvency, Enforcement of foreign insolvency judgments
JEL Classification: K10, K11, K12, K19, K20, K29, K30, K33, K39, K40, K41, K42, K49
Suggested Citation: Suggested Citation