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

Abstract

The English High Court in Global Distressed Alpha Fund 1 Ltd Partnership v PT Bakrie Investindo [2011] 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

Ho, Look Chan, Recognising Foreign Insolvency Discharge and Stare Decisis (May 17, 2011). Journal of International Banking Law and Regulation, Vol. 266, 2011, Available at SSRN: https://ssrn.com/abstract=1844946

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

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