Anti-Suit Injunctions in Cross-Border Insolvency: A Restatement

44 Pages Posted: 10 Jun 2003

Multiple version iconThere are 2 versions of this paper

Abstract

English law on anti-suit injunctions in international commercial litigation has reached its 21st century adulthood, but the law on anti-suit injunctions in international insolvency litigation is still in its 19th century infancy. This Article attempts to rationalise the full implications of the jurisprudence of anti-suit injunction in the non-bankruptcy related litigation for bankruptcy litigation, and to map out the function of anti-suit injunctions in international insolvency litigation. In addition, it will be shown that the comity theory underpinning the modern case law is unsound. Although not meant to be a comparative study proper, this Article draws substantially on the US experience, including 304 of the US Bankruptcy Code.

Keywords: anti-suit injunctions, comity, international commercial litigation, international insolvency litigation, international bankruptcy litigation, transnational insolvency, transnational bankruptcy litigation, cross-border insolvency, cross-border bankruptcy, US Bankruptcy Code

JEL Classification: K1, K33, K41

Suggested Citation

Ho, Look Chan, Anti-Suit Injunctions in Cross-Border Insolvency: A Restatement. Available at SSRN: https://ssrn.com/abstract=406240 or http://dx.doi.org/10.2139/ssrn.406240

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

38/F Gloucester Tower
The Landmark
Central
Hong Kong
+852 2526 3071 (Phone)
+852 2810 5287 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
512
Abstract Views
2,710
rank
65,924
PlumX Metrics