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cross borderdischarge of debtgibbs rule
Re OJSC International Bank of Azerbaijan
[2019] BCC 452
Key Principle
Under the rule in Antony Gibbs, a debt governed by English law cannot be discharged or compromised by a foreign insolvency or restructuring proceeding to which the creditor has not submitted, and a moratorium under the Cross-Border Insolvency Regulations 2006 (UNCITRAL Model Law) cannot be continued indefinitely so as to achieve indirectly the discharge that Gibbs forbids.
Area of Law
General
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