Recognition Born of Fiction - Rubin v. Eurofinance

Journal of International Banking Law and Regulation, p. 579, 2010

21 Pages Posted: 24 Nov 2010  

Look Chan Ho

Freshfields Bruckhaus Deringer LLP

Date Written: November 23, 2010

Abstract

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

Ho, Look Chan, Recognition Born of Fiction - Rubin v. Eurofinance (November 23, 2010). Journal of International Banking Law and Regulation, p. 579, 2010. Available at SSRN: https://ssrn.com/abstract=1714026

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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