The aim of the lecture will be to examine the law on foreign judgments and cross-border co-operation in matters of insolvency in the light of the interpretations of the common law offered by the Supreme Court of the United Kingdom in Rubin v Eurofinance and New Cap Reinsurance v Grant  UKSC 46. The judgment on the joined appeals allows us to reflect on why (and when and how) we give effect to foreign judgments, and on why (and when and how) we assist foreign courts administering insolvencies, and whether it is right (and when and how) for a court to develop its own common law to go where the legislature has not gone.
Following the lecture, Jones Day partner Matt Skinner will comment on the effect of insolvency on the enforcement of arbitration clauses and awards.
Professor Adrian Briggs
Jones Day Professor of Commercial Law
Adrian Briggs is Professor of Private International Law at the University of Oxford. He is also Fellow and Tutor in Law at St Edmund Hall, Oxford; and is in private practice at the Bar of England and Wales with chambers at Blackstone House, Temple. In more recent years he has visited at NUS and, most recently, at SMU where he is happy to be the first holder of the Jones Day Visiting Professorship. The thirty-plus years of his academic career, and twenty years at the Bar, has had its focus on private international law in general, and the law on jurisdiction and foreign judgments in particular. In 2011 he delivered a course of lectures at the Hague Academy of International Law; all of which illustrates the true that there is so much happening in the world of private international law that there is no excuse for boredom.
His has published a number of books, notably Civil Jurisdiction and Judgments, Agreements on Jurisdiction and Choice of Law, and The Conflict of Laws: all of these allow him to test and probe the law, and are written for academic readers as well as for practitioners. He is also one of the team of specialist editors working under the General Editorship of Lord Collins of Mapesbury on Dicey, Morris & Collins on The Conflict of Laws, which traditionally sets its face against prediction and criticism, but demands a full, accurate and complete statement of the current state of private international law. The differences in approach and outlook of the two kinds of work complement each other rather happily. He has also published a large number of papers in learned (and occasionally in not-quite-so-learned) journals.