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Jurisdictional Basis of Synthetic Proceedings in Cross-border Insolvency

Sim Kwan Kiat

[2019] SAL Prac 10

Synthetic proceedings involve the application of foreign law by a domestic court in insolvency proceedings to create an effect which would have been achieved had secondary insolvency proceedings been commenced in a foreign jurisdiction. A domestic court faced with an application to conduct synthetic proceedings would generally consider if it has the jurisdiction or power to do so, and whether it should exercise its discretion to do so. This article looks at the source of a court’s jurisdiction to conduct synthetic proceedings – whether it is statute or common law – and the factors to be considered in the exercise of judicial discretion.