Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Sarah Clarke at Hardwicke Chambers looks at the new UNCITRAL Model Law on the Recognition and Enforcement of Insolvency Related Judgments and its potential impact on Re Gibbs and Ruben v Eurofinance, if it was adopted by the UK.
The UNCITRAL Model Law on the Recognition and Enforcement of Insolvency Related Judgments (the New Model Law) is intended to fill the gaps that currently exist in cross border conventions as they apply to the recognition and enforcement of judgments in insolvency proceedings.
In the UK, following the decision in Ruben v Eurofinance SA  UKSC 46, the Model Law on Insolvency is regarded as dealing with procedural matters, and does not extend to the recognition and enforcement of foreign judgments. It now is clear from the Guide to Enactment which accompanies the New Model Law, that UNCITRAL did not intend the Model Law on Insolvency to be so limited. In Article X to the New Model Law, UNCITRAL propose an additional provision to clarify that the relief available under Article 21 of the Model Law on Insolvency does include the recognition and enforcement of a judgment in order to reverse the effect of Ruben and judgments with similar
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234