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United Kingdom cross borderdischarge of debtgibbs rule

Re OJSC International Bank of Azerbaijan

[2019] BCC 452
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2019
StatusBinding authority

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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