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
In Rubin and another v Eurofinance SA  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
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