Choice of law in cross-border insolvencies: matters of substance and procedure

Mason, Rosalind (2001) Choice of law in cross-border insolvencies: matters of substance and procedure. Insolvency Law Journal, 9 (2). pp. 69-87. ISSN 1039-3293


In a recent cross-border personal injuries case, the High Court, when choosing the relevant law to apply, departed from its previous distinction between laws of procedure and of substance based on remedies and rights. Instead it held that procedure refers to 'rules which are directed to governing or regulating the mode or conduct of court proceedings'. All other provisions or rules are to be classified as substantive. As such, this opens up the possibility of non-forum laws being chosen to apply to issues that may once have been considered procedural. This article explores the potential impact that this new distinction may have on cross-border insolvency practice in the international context.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy
Faculty/School / Institute/Centre: Historic - Faculty of Business - Department of Law
Date Deposited: 30 Nov 2007 11:47
Last Modified: 03 Jul 2013 00:20
Uncontrolled Keywords: bankruptcy; state law; workers compensation; conflict of laws
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180109 Corporations and Associations Law
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies

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