Recognising Foreign Insolvency Discharge and Stare Decisis
Journal of International Banking Law and Regulation, Vol. 266, 2011
10 Pages Posted: 23 May 2011
Date Written: May 17, 2011
The English High Court in Global Distressed Alpha Fund 1 Ltd Partnership v PT Bakrie Investindo  EWHC 256 (Comm) recognised that the principle of universalism should lead to the recognition of a discharge of English law governed debts effected under foreign bankruptcy law, but the court felt constrained by precedent. This article suggests that the case for recognition of foreign bankruptcy discharge is imperative and a route for doing so under the common law is open, even to a first instance court.
Keywords: Bankruptcy, Cross-Border Insolvency, Insolvency Discharge, Judicial Precedent
JEL Classification: K10, K12, K19, K20, K22, K29, K30, K33, K39, K40, K41, K49
Suggested Citation: Suggested Citation