The Arcapita Bankruptcy

A Primer in Jurisdiction, International Comity, and the Presumption of Extraterritoriality

Recent decisions arising out of the Arcapita bankruptcy case provide useful guidance regarding the minimum contacts required for bankruptcy court jurisdiction as well as when and how to apply international comity and the presumption against extraterritoriality in bankruptcy litigation.

This article examines these interesting international law concepts as they arose in the Arcapita litigation and highlights the current state of the law with respect to each issue.

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* This article was first published by INSOL International on August 10, 2018.