No Return of Alsatia
Law Quarterly Review, 129 2: 147-149, 2013
Posted: 10 Jun 2015
Date Written: 2013
This brief addendum on Rubin focuses more particularly on its insolvency aspects. As Justice Handley has noted, the judgment of Lord Collins gives the quietus to the burgeoning doctrine of "modified" universalism which had held sway since the opinion in the Privy Council of Lord Hoffmann in Cambridge Gas  UKPC 26 and in the House of Lords in Re HIH Casualty and General Insurance Co Ltd  UKHL 21;  1 W.L.R. 852. This approach contemplated having one main centre of interest for each transnational insolvency (classically the country of incorporation, or residence of the bankrupt) with other jurisdictions in which the assets of the insolvent entity were situated lending their assistance to the general "pooling" and distribution of them.
JEL Classification: K00
Suggested Citation: Suggested Citation