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The Law Of Guarantees: Balancing The Interests Of The Parties, John Phillips, Michelle Chen
The Law Of Guarantees: Balancing The Interests Of The Parties, John Phillips, Michelle Chen
2013 Jones Day Professorship of Commercial Law Lecture
The guarantor has often been viewed as being in a vulnerable position, deserving of the law's protection. Certainly there need to be legal mechanisms to protect the guarantor’s interests. But this presentation also argues that some aspects of the law of guarantees, as well as some relevant contractual principles, operate unfairly against the interests of lenders and others who seek to enforce a contract of guarantee. An analysis will be made of some of the defences that may be raised by guarantors, for example, as a result of circumstances surrounding the execution of the guarantee, or upon a restructuring arrangement. …
Rubin And New Cap: Foreign Judgments And Insolvency, Adrian Briggs
Rubin And New Cap: Foreign Judgments And Insolvency, Adrian Briggs
2013 Jones Day Professorship of Commercial Law Lecture
The decisions of the UK Supreme Court in 2012 in Rubin and New Cap, and of the Singapore High Court in 2013 in Beluga Chartering, raise in acute form the question of how far the common law of international insolvency and of the recognition of foreign judgments can go when a local court is asked by a court in another country to render particular forms of assistance in relation to an insolvency administration which is taking place there. It asks how the instinct to give assistance for the ultimate benefit of creditors needs to be balanced by the …