No Return of Alsatia

Law Quarterly Review, 129 2: 147-149, 2013

University of Queensland TC Beirne School of Law Research Paper

Posted: 10 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2013

Abstract

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 [2006] UKPC 26 and in the House of Lords in Re HIH Casualty and General Insurance Co Ltd [2008] UKHL 21; [2008] 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

Aitken, Lee, No Return of Alsatia (2013). Law Quarterly Review, 129 2: 147-149, 2013; University of Queensland TC Beirne School of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2585870

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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