Guest editorial: <scp>Insolvency‐related</scp> judgments and <scp>war‐related</scp> claims—Recent court practice in Ukraine
Bibliographic record
Abstract
This Guest Editorial aims to share some thoughts, potentially triggering further debate, around a topic of recognition and enforcement of insolvency-related judgments, which has been widely discussed recently by the international insolvency community.It is common ground that, while the United States is a welcoming jurisdiction in part for the recognition of foreign insolvency-related judgments as a form of relief under Chapter 15 of the US Bankruptcy Code, the United Kingdom with its more protective approach and the "rule in Gibbs" generally resists such recognition due to its restrictive interpretation of the scope of "relief" available to the foreign insolvency representative, which could be granted in the United Kingdom in aid of a foreign insolvency proceeding under Schedule 1 of the Cross-Border Insolvency Regulation, 2006 ("CBIR"), by limiting it exclusively to procedural relief.No wonder then, that to respond to such legal gaps that have been created by different implementations and applications of the UNCITRAL Model Law on Cross-Border Insolvency 1997 in various jurisdictions, UNCITRAL has developed and introduced its new Model Law on Recognition and Enforcement of Insolvency-Related Judgements 2019 ("MLIRJ") to further promote the improvement of domestic crossborder insolvency frameworks, so as to enable recognition and enforcement of foreign insolvency-related judgments in the jurisdictions, which currently lack a framework.By contrast, this editorial narrowly focuses on the analysis of some of the provisions of the MLIRJ in the context of recent landmark court practice in insolvency cases in Ukraine, which was triggered by the Russian aggression against Ukraine since February 24, 2022.The initial topic for discussion is, thus, centered around a landmark court decision, which pushed the envelope by giving the green light to consider a debtor's claim for compensation of damages caused by Russia's war/aggression against Ukraine within that debtor's pending insolvency case in Ukraine.This case provides food for thought as to the prospects of qualifying such a court decision as "an insolvency-related judgment" for the purposes of further recognition and enforcement thereof abroad in the future.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.011 | 0.035 |
| Meta-epidemiology (narrow) | 0.003 | 0.001 |
| Meta-epidemiology (broad) | 0.004 | 0.003 |
| Bibliometrics | 0.007 | 0.004 |
| Science and technology studies | 0.006 | 0.003 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.004 | 0.003 |
| Research integrity | 0.027 | 0.021 |
| Insufficient payload (model declined to judge) | 0.017 | 0.008 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".