The (False) Conflict between Due Process Rights and Universalism in Cross-Border Insolvency

72 Cambridge L. J. 27 (March 2013).

6 Pages Posted: 13 Aug 2014

Date Written: March 1, 2013

Abstract

In Rubin and another v Eurofinance SA [2012] UKSC 46, the Supreme Court championed traditional English due-process protections to resolve a conflict between the rules applicable to enforcing foreign judgments and the principles guiding cross-border insolvencies. In doing so, the Supreme Court dealt a setback to aspirations for universalism in multinational insolvency proceedings, in which one court, using one set of rules, would adjudicate every claim. The Supreme Court, however, need not have sacrificed universalist aims in order to defend due process. An alternative approach could have achieved both goals.

Keywords: insolvency, universalism, territorialism, comity

Suggested Citation

Kirshner, Jodie A., The (False) Conflict between Due Process Rights and Universalism in Cross-Border Insolvency (March 1, 2013). 72 Cambridge L. J. 27 (March 2013)., Available at SSRN: https://ssrn.com/abstract=2478919

Jodie A. Kirshner (Contact Author)

University of Cambridge ( email )

Cambridge, CB3 0DS
United Kingdom

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