Essential reading:
Bankruptcy
"tourism": Russian banks fail to annul English bankruptcy of Russian
businessman
Accessibility
of English bankruptcy to foreign debtors—JSC Bank of Moscow
Additional reading:
Банкрут, или Дома хорошо, а в гостях лучше [see links inside]
Technical reading:
Judgment
Issues for discussion:
1)
What
court considered the case? Who were the parties? What was the principal issue?
2)
Did
the English court have jurisdiction over the bankruptcy case under English law?
3)
The
applicants argued that the court had to exercise its discretion to dismiss the bankruptcy
case. What was their arguments in favor
of that proposition? Do you think they were right?
4)
One
of the issues was whether or not the English judgment in the bankruptcy case
may be recognized in Russia
5)
Generally,
how an English court resolves issues of foreign law? Who were the expert witnesses in this case?
6)
The
judge changed his mind on the issue of whether or not the judgment may be recognized
in Russia
7)
What
was the outcome? What are its probable
practical consequences? may it be
recognized in Russia
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