Columbia Law Review’s Sidebar is pleased to announce the publication of Rubin v. Eurofinance: Universal Bankruptcy Jurisdiction or a Comity of Errors? by Rebecca R. Zubaty of Paul, Weiss, Rifkind, Wharton & Garrison LLP.
In her essay, Zubaty argues that the English appeals court in Rubin v. Eurofinance missed an opportunity to modernize English rules on the recognition of foreign bankruptcy judgments. Instead, the essay describes how the court seized on the special bankruptcy circumstances of the case to overcome traditional barriers to recognition of the original foreign judgment by a U.S. bankruptcy court. Zubaty argues that the court’s decision will have “the immediate practical effect of subjecting any person who may have any property or interest worth attaching in the U.K. to the jurisdiction of all bankruptcy courts worldwide.” The decision may even have broader ramifications, such as “empower[ing] courts faced with novel conflicts questions to dispense with all conventions, foreign and domestic, to achieve what they deem to be the right outcome.”