Statutory and Common Law Enforcement of Foreign Insolvency Judgments

Butterworths Journal of International Banking & Financial Law, Vol. 26, No. 5, p. 254, 2011

9 Pages Posted: 23 May 2011

Date Written: May 21, 2011

Abstract

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies to foreign insolvency judgments. Where the 1933 Act applies, section 426 of the Insolvency Act 1986 and the common law cannot enforce foreign insolvency judgments independently.

Keywords: Cross-border insolvency, common law regime, enforcement of foreign insolvency judgments, enforcement of Australian judgment in England

JEL Classification: K10, K12, K19, K20, K29, K30, K33, K39, K40, K40, K41, K42, K49

Suggested Citation

Ho, Look Chan, Statutory and Common Law Enforcement of Foreign Insolvency Judgments (May 21, 2011). Butterworths Journal of International Banking & Financial Law, Vol. 26, No. 5, p. 254, 2011, Available at SSRN: https://ssrn.com/abstract=1849265

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

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