Al Sabah 判例評析及其對我國跨境破產制度的啟示——以英聯邦跨境破產協助的管轄權與法律解釋爭議為視角

This paper takes the Al Sabah case, which was subject to the final judgment of the UK Privy Council in 2005, as its core analytical object to explore the key legal issues concerning Commonwealth cross-border insolvency assistance. Centered on the application of a Bahamian insolvency trustee for assistance to the Cayman Islands Court, the case focuses on three controversial points: the jurisdictional validity of Section 156 of the Cayman Islands Insolvency Act, the continuing effect of Section 122 of the UK Bankruptcy Act 1914 in the Cayman Islands, and the legality of cross border delegation of powers under Section 107 of the Cayman Islands Insolvency Act. The Privy Council rendered its judgment by adopting three legal interpretation methods: it denied the validity  of Section 156 through historical interpretation by tracing the legislative origin; confirmed the continuing effect of Section 122 in the Cayman Islands via systematic interpretation to connect the normative system; and recognized the legitimacy of Section 107 through teleological interpretation in line with the essence of the insolvency system. This case reveals key issues such as the contextual adaptation of legislative transplantation, the coordination of legal interpretation methods, and the balance between the expansion and restriction of cross-border insolvency jurisdiction. This study not only clarifies the evolution of the Commonwealth cross-border insolvency rules but also provides enlightenment for China to improve its relevant system: at the legislative level, refine the rules and add a special chapter on cross-border insolvency assistance; at the judicial level, innovate judicial practice and apply the “hypothetical insolvency” theory; and at the international level, deepen cooperation and establish an efficient cross-border insolvency assistance network.