Out of the Insolvency Regulation and into the Judgments Regulation: Mazur Media V. Mazur Media

13 Pages Posted: 23 Nov 2005

Date Written: November 21, 2005

Abstract

Pursuant to Article 15 of Council Regulation (EC) 1346/2000 on Insolvency Proceedings (the 'Insolvency Regulation'), when a company is subject to formal insolvency proceedings in a European Union Member State and there are pending litigation proceedings in England, it is a matter of English law whether the litigation can continue. Mazur Media v. Mazur Media is the first English decision that gives some guidance on how the English court should proceed in these circumstances. It is also the first English decision that considers the interface between the Insolvency Regulation and Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the 'Judgments Regulation') and how the tort of conversion is to be treated under the Judgments Regulation. While helpful in certain respects, this decision is nevertheless questionable on many fronts. Particularly semi-competent is its appreciation of the significance of foreign insolvency proceedings.

Keywords: Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Council Regulation (EC) 1346/2000 on Insolvency Proceedings, conversion, forum non conveniens

JEL Classification: K12, K33, K41

Suggested Citation

Ho, Look Chan, Out of the Insolvency Regulation and into the Judgments Regulation: Mazur Media V. Mazur Media (November 21, 2005). Available at SSRN: https://ssrn.com/abstract=852784 or http://dx.doi.org/10.2139/ssrn.852784

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
174
Abstract Views
1,343
rank
206,419
PlumX Metrics