Shopping and Scheming, and the Rule in Gibbs

South Square Digest, March 2017, 58-63

5 Pages Posted: 24 Feb 2017 Last revised: 15 Mar 2017

See all articles by Riz Mokal

Riz Mokal

South Square; University College London - Faculty of Laws; University of Aberdeen - School of Law

Date Written: February 22, 2017

Abstract

The Singapore High Court’s decision in Pacific Andes Resources Development Ltd. [2016] SGHC 210 provides the opportunity to examine the origin, rationale, limits, and defensibility of the so-called ‘rule in Gibbs,’ named after though considerably pre-dating the judgment of the Court of Appeal of England and Wales in Gibbs v. Societe Industrielle (1890) 25 QBD 399. The focus is exclusively on the rule’s application to the indebtedness of distressed debtors, that is to say, those who are actually or imminently insolvent. A principled way is proposed of distinguishing objectionable from legitimate forum shopping, and the application of the rule in the context of schemes of arrangement receives particular attention.

JEL Classification: K35, G33

Suggested Citation

Mokal, Riz, Shopping and Scheming, and the Rule in Gibbs (February 22, 2017). South Square Digest, March 2017, 58-63, Available at SSRN: https://ssrn.com/abstract=2922237

Riz Mokal (Contact Author)

South Square ( email )

3-4 South Square
Gray's Inn
London, WC1R 5HP
United Kingdom

HOME PAGE: http://southsquare.com/barristers/riz-mokal/

University College London - Faculty of Laws

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

HOME PAGE: http://www.ucl.ac.uk/laws/

University of Aberdeen - School of Law ( email )

Taylor Building
King's College
Aberdeen, Scotland AB24 3UB
United Kingdom

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