Relevant bibliographies by topics / UNCITRAL Model Law on Cross-border Insolvency

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Academic literature on the topic 'UNCITRAL Model Law on Cross-border Insolvency'

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Published: 4 June 2021
Last updated: 31 January 2023

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Journal articles on the topic "UNCITRAL Model Law on Cross-border Insolvency"

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Asnil, Dicky Moallavi. "UNCITRAL Model Law on Cross Border Insolvency Sebagai Model Pengaturan Kepailitan Lintas Batas Indonesia dalam Integrasi Ekonomi ASEAN." Undang: Jurnal Hukum 1, no. 2 (March 11, 2019): 323–46. http://dx.doi.org/10.22437/ujh.1.2.323-346.

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The economic integration program between the members of Association of South East Asian Nations (ASEAN) and surrounding areas that trancends national borders and citizenship potentially creates the cross borders bankrupcy problems. The problem was born when the debtor undergoing bankruptcy process has assets abroad,where the bankruptcy proceedings are hampered by the laws of the country concerned. In adition, Indonesia and ASEAN do not yet a bankruptcy regulation that binds its member states in the settlement of this problems. UNCITRAL Model Law on Cross Border Insolvency with Guide to Enactment is a model of cross-border insolvency law made by The United Nations which aims to be a reference of the world countries in the business of modernization and harmonization of national bankruptcy law respectively. This article shows that UNCITRAL Model Law on Cross Border Insolvency with Guide to Enactment which adheres to this flexibility principle can be used as a solution to modernize and harmonize bankruptcy law of ASEAN countries, especially Indonesia. Abstrak Program integrasi ekonomi antar negara anggota Association of South East Asian Nations (ASEAN) dan sekitarnya yang melampaui batas-batas negara dan kewarganegaraan saat ini berpotensi melahirkan permasalahan kepailitan lintas batas. Permasalahan itu lahir pada saat debitor yang menjalani proses kepailitan di suatu negara memiliki aset di luar negeri, di mana proses kepailitan terhadap aset pailit itu terhambat oleh hukum yang berlaku di negara bersangkutan. Indonesia dan ASEAN sampai saat ini belum memiliki peraturan kepailitan yang mengikat negara anggotanya dalam penyelesaian permasalahan ini. UNCITRAL Model Law on Cross Border Insolvency with Guide to Enactment adalah sebuah model hukum kepailitan lintas batas yang dibuat oleh Persatuan Bangsa-Bangsa yang bertujuan untuk menjadi rujukan negara-negara dunia dalam usaha modernisasi dan harmonisasi hukum kepailitan nasional masing-masing. Artikel ini menunjukkan bahwa UNCITRAL Model Law on Cross Border Insolvency with Guide to Enactment yang menganut prinsip fleksibilitas dapat dijadikan solusi dalam upaya melakukan modernisasi dan harmonisasi hukum kepailitan negara-negara ASEAN, khususnya Indonesia.
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Harmer, R. W. "Documentation B. uncitral model law on cross-border insolvency." International Insolvency Review 6, no. 2 (1997): 145–53. http://dx.doi.org/10.1002/iir.3940060206.

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Wee, Meng Seng. "The Belt and Road Initiative, China’s Cross-Border Insolvency Law, and the UNCITRAL Model Law on Cross-Border Insolvency." Chinese Journal of Comparative Law 8, no. 1 (June 1, 2020): 116–42. http://dx.doi.org/10.1093/cjcl/cxaa012.

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Abstract By examining the special features of cross-border insolvency affecting the Belt and Road Initiative (BRI), this article explains that it is crucial for China to ensure that its cross-border insolvency law is fit for the purposes of the BRI. The current law is unsatisfactory, as may be seen in Hanjin Shipping’s decision not to seek recognition of its Korean restructuring proceeding in China. China wants to cooperate more in cross-border insolvency, but it is concerned that recognizing foreign insolvency proceedings will prejudice China’s interests. This article explains that the logic and limits of the United Nations Commission on International Trade Law’s Model Law on Cross-Border Insolvency is enlightened self-interest, which leads to recognition being very limited and distinguished from relief and relief being based on domestic law. Thus, it argues that the adoption of the Model Law will not prejudice China’s interests.
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Amalia, Jihan. "URGENSI IMPLEMENTASI UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY DI INDONESIA: STUDI KOMPARASI HUKUM KEPAILITAN LINTAS BATAS INDONESIA DAN SINGAPURA." Jurnal Hukum Bisnis Bonum Commune 2, no. 2 (July 12, 2019): 162. http://dx.doi.org/10.30996/jhbbc.v2i2.2499.

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Dalam era globalisasi, perdagangan tak lagi hanya dilakukan dalam satu wilayah negara, melainkan dapat pula antarnegara. Perkembangan bisnis internasional beriringan dengan kebutuhan akan hukum yang juga akomodatif. Dalam perjanjian pinjam-meminjam antarpelaku usaha, ada kalanya debitor tidak dapat membayarkan utangnya sehingga mengalami kepailitan. Hal ini membuat kepailitan lintas batas menjadi diskursus yang penting dalam mengimbangi dinamika dunia usaha saat ini. Dalam tulisan ini, ada beberapa hal terkait yang akan dibahas. Pertama, UNCITRAL Model Law on Cross-Border Insolvency memberi pedoman terkait hukum kepailitan lintas batas. Kedua, status quo hukum kepailitan Indonesia dalam mengatur kepailitan lintas batas. Ketiga, studi komparasi dengan Singapura sebagai negara yang hingga sebelum 2017 tidak menerapkan UNCITRAL Model Law on Cross-Border Insolvency. Keempat, urgensi UNCITRAL Model Law diimplementasikan dalam hukum kepailitan Indonesia. Tulisan ini dibuat berdasarkan penelitan yuridis-normatif dengan bahan hukum primer dan sekunder sebagai data sekunder yang menjadi dasar analisis.
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Bork, Reinhard. "The European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency." International Insolvency Review 26, no. 3 (September 12, 2017): 246–69. http://dx.doi.org/10.1002/iir.1282.

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Mohan, S. Chandra. "Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?" International Insolvency Review 21, no. 3 (October 12, 2012): 199–223. http://dx.doi.org/10.1002/iir.1203.

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., Sefriani. "INEFFECTIVENESS OF THE LAW ON CROSS INSOLVENSI UNCITRAL MODEL." Yustisia Jurnal Hukum 8, no. 1 (April 28, 2019): 30. http://dx.doi.org/10.20961/yustisia.v0ixx.27858.

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<p>Legal problems due to cross border insolvency are increasingly complex. The United Nations has issued the 1997 Model Law on Cross border Insolvency (CBI) to help countries solve their CBI problems. However, this model law is not effective because very few countries adopted it. The legal problem studied is why very few countries adopted the model law and how to overcome the ineffectiveness of the model law. The results of the study indicate that the lack of adoption of the model law caused by: the model law is only a non-binding legislative text; Too much flexibility encourages deviations from the provisions; do not want to reduce their sovereignty, status quo, international cooperation recommended by the model law is not always of primary interest, and many countries have been bound by international agreements on regional CBI which are considered more relevant than the model law. The solutions that can be suggested to overcome the ineffectiveness of the model law on CBI are national bankruptcy laws mechanism; the International Treaties and Conventions mechanism; Rules, Regulations, Principles and Guidelines mechanisms and protocol or adhoc agreements.</p><p>Treaties and Conventions; mekanisme Rules, Regulations, Principles and Guidelinesan dan mekanisme pembuatan protocol atau adhoc agreement.</p><p>Kata kunci: model law; kepailitan lintas batas negara; adopsi</p><br clear="all" /><p> </p>
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McCormack, Gerard. "US exceptionalism and UK localism? Cross-border insolvency law in comparative perspective." Legal Studies 36, no. 1 (March 2016): 136–62. http://dx.doi.org/10.1111/lest.12096.

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This paper addresses how the UNCITRAL Model Law on Cross-Border Insolvency has been implemented and interpreted in the US and the UK. The Model Law has attained a measure of international acceptance and is intended to achieve greater efficiencies in the administration of insolvency cases with transnational dimensions. But different manners of implementation in different countries and differing interpretations may hinder the prospects for harmonisation and coordination of laws. The paper will address in particular whether US interpretations differ from those in the UK and whether the US decisions are so infused with ‘American exceptionalism’ that they cannot be relied upon as sure guides in other countries.
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Omar, Paul. "Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 1 (June 26, 2017): 157. http://dx.doi.org/10.17159/1727-3781/2008/v11i1a2755.

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Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article to outline the law in relation to cross-border insolvency, particularly the winding up of foreign companies, the co-operation provisions in bankruptcy and insolvency as well as more recent moves to redevelop insolvency through UNCITRAL and Asian Development Bank initiatives.
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Weideman, Jeanette, and Leonie Stander. "European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 133. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2522.

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An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.
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Dissertations / Theses on the topic "UNCITRAL Model Law on Cross-border Insolvency"

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Wang, Bingdao. "Cross-border insolvency law in China and Hong Kong : a critical analysis based on the UNCITRAL model law on cross-border insolvency." Thesis, University of Leeds, 2018. http://etheses.whiterose.ac.uk/21370/.

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This thesis discusses what features and advantages of the Model Law regime that Chinese law could learn to improve the Chinese cross-border insolvency system at both international and regional levels. Cross-border insolvency is one inevitable consequence of the globalisation of business activity. For solving transnational insolvencies, there is a clash of competing national laws on issues, including the recognition of foreign claims, the process related to the distribution of assets, and different policy preferences for protecting different groups of creditors. The ongoing trend of harmonising cross-border insolvency laws has been actively promoted by the UNCITRAL Model Law on Cross-Border Insolvency. The Model Law was developed based on the principle of modified universalism, and its soft law nature aims to assist national insolvency laws and facilitate recognition of foreign proceedings. Although the interpretation of the law in enacting countries can be different, the thesis concludes that the Model Law can interconnect individual insolvency proceedings in an orderly and effective manner through its main features such as the centre of main interests (COMI) and cooperation and communication. Cross-border insolvency rules in China are conservative, and the only relevant article (article 5 EBL 2006) sets the basic recognition rules, which have a restrictive application, based on the principle of reciprocity and bilateral agreements. However, after reviewing relevant Chinese laws for dealing with international matters, the thesis finds that there are legal concepts under the Chinese commercial law system sharing similarities with the Model Law system, which provide legal potential for China to adopt a modified universalism approach, and this study also argues that adopting COMI could be a good start to improving Chinese international insolvency law. As China includes various jurisdictions, this research also focuses on Hong Kong because of its legal and financial significance. Although Hong Kong has not developed statutory international insolvency law, there is a flexible common law approach, which can achieve similar results as the Model Law system. The interregional insolvency within China is a dilemma between treating cases from other regions (such as Hong Kong) as foreign matters and politically highlighting such matters as national matters. This thesis argues that the close political and economic connections between the mainland and Hong Kong require an effective interregional insolvency recognition regime and transplanting the Model Law regime into a regional context, applying a COMI-based recognition approach, could be a workable system.
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Veder, Paul Michael. "Cross-border insolvency proceedings and security rights : a comparison of Dutch and German law, the EC insolvency regulation and the UNCITRAL model law on cross-border insolvency /." Utrecht : Kluwer legal publ, 2004. http://catalogue.bnf.fr/ark:/12148/cb41063898b.

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Texte remanié de: Proefschrift--Radboud Universiteit Nijmegen, 2004.
EC = European communauty, UNCITRAL = United Nations. Commission on international trade law. Résumé en néerlandais. Bibliogr. p. 449-468.
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Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.

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Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument choice in determining the level of global harmonization attained, and reviews recent projects of harmonization. This is followed by a close comparative analysis of the extent of compliance of the provisions of Bill C-55 with the Model Law, an analysis that demonstrates the shortcomings of model laws and, somewhat paradoxically, their important role and function in eventually bringing about global legal harmonization.
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Weyulu, Victoria. "The Reform of Namibia’s Cross-Border Insolvency Framework." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4773.

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Magister Legum - LLM
This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border insolvency. The lack of literature on issues of crossborder insolvency belies the importance of cross-border insolvency in African developing countries like Namibia who seek to encourage trade and investment in the hope of achieving economic development. In the final section of chapter one, the paper will consider the Model Law as the basis needed to develop clear, fair and predictable rules to effectively deal with the various aspects of cross-border insolvencies in Namibia.
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Fourie, Etienne Gerhard. "'n Vergelyking van die oorgrens-insolvensiewetgewing van Suid-Afrika met die van die Verenigde State van Amerika / Etienne Gerhard Fourie." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8696.

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Due to economic globalisation and integration, as well as the global economic downturn since 2008, the appearance of cross-border insolvencies have increased dramatically. This increase in cross-border insolvencies has led to a demand for a general and fair system to administer cross-border insolvencies globally. In 1997 United Nations Commission on International Trade Law (UNCITRAL) promulgated the Model Law on Cross-Border Insolvency to act as an aide to countries in globally administering cross-border insolvencies in a uniform way. South Africa, and the United States of America (USA), subsequently accepted this Model Law approach into their respective national legislation. South Africa did this through the Cross-Border Insolvency Act 42 of 2000 (CBIA) and the USA by way of Chapter 15 of the United States Bankruptcy Code. The CBIA is, however, not currently in operation as the Minister of Justice has not yet designated countries to which the CBIA will apply. Chapter 15 is, however, effective and operational in the USA. The two theories that underlie cross-border insolvencies – universalism and territorialism – have been further refined in the theories of modern universalism and modern territorialism. Supporters of modern universalism hailed the acceptance of the Model Law into the national legislation of countries as a victory over modern territorialism as the characteristics of modern universalism can be found throughout the Model Law. Modern universalism is, however, seen as theory which endangers the interests of local creditors as it favours universal administration of assets. However, modern territorialism is, on the other hand, acknowledged to protect the interests of local creditors. Therefore an investigation into the application of Chapter 15 by the courts of the USA will indicate if the interests of local creditors are sufficiently protected under this so-called modern universalistic approach and, if indeed so, how this is achieved. As the CBIA is neither operational nor effective in South Africa, cross-border insolvencies are governed by the common law and the precedents set down in case law. Writers and case law indicate that South Africa uses a system that can be described as between pure territorialism and modern territorialism. It can therefore be accepted that South Africa currently protects the interests of its local creditors sufficiently. The question then arises if, when South Africa made the CBIA effective and operational, would local creditors‟ interests still be sufficiently protected? As the CBIA and Chapter 15 are both based on the Model Law, they are basically identical in most aspects. Therefore an investigation into the application of Chapter 15 will also indicate if the CBIA will sufficiently protect the interests of local creditors. This dissertation thus attempts, through an investigation of the applications lodged under Chapter 15, to indicate that the USA still succeeds in protecting the interests of its local creditors. The USA achieves this through utilising mechanisms made available through Chapter 15 itself. Consequently this dissertation shows that South Africa can make the CBIA operational, while still sufficiently protecting the interests of its local creditors.
Thesis (LLM (Import and Export Law))--North-West University, Potchefstroom Campus, 2013
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Weideman, Jeanette. "European and American perspectives on the choice of law regarding cross–border insolvencies of multinational corporations / Weideman J." Thesis, North-West University, 2011. http://hdl.handle.net/10394/6956.

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An increase in economic globalisation and international trade the past two decades has amounted to an increase in the number of multinational enterprises that conduct business, own assets and have debt in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross–border insolvency (CBI). CBI refers to the situation where insolvency proceedings are initiated in one jurisdiction with regard to a debtor’s estate and the debtor also has property, debt or both in at least one other jurisdiction. When a multinational enterprise is in financial distress, the structure of such an enterprise poses significant challenges to the question of how to address its insolvency. This is due to the fact that, although the multinational enterprise is found globally in different jurisdictions around the world, the laws addressing its liquidation are local. The possibility of restructuring the multinational enterprise or liquidating it in order the satisfy creditor claims optimally depends greatly upon the ease with which the insolvency law regimes of multiple jurisdictions can facilitate a fair and timely resolution to the financial distress of that multinational enterprise. The legal response to this problem has produced two important international instruments which were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross–Border Insolvency in 1997, which has been adopted by nineteen countries including the United States of America (in the form of Chapter 15 of the US Bankruptcy Code) and South Africa (in the form of the Cross–Border Insolvency Act 42 of 2000). Secondly, the European Union adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. These two instruments address the management of general default by a debtor and are aimed at providing a legal framework which seeks to enhance legal certainty, cooperation, coordination and harmonization between states in CBI matters throughout the world. After discussing the viewpoints of various writers, it seems clear that “modified universalism” is the correct approach towards CBI matters globally. This is mainly due to the fact that the main international instruments currently dealing with CBI matters are all based upon “modified universalism”. By looking at various EU and US case law it is also evident that, although there is currently still no established test for the determination of the “centre of main interest” (COMI) of a debtor–company under Chapter 15, there is a difference in the approach adopted by courts in the EU and those in the US in this regard. This dissertation further discusses the requirements for a debtor–company to possess an “establishment” for the purpose of opening foreign non–main insolvency proceedings in a jurisdiction as well as the choice–of–law considerations in CBI matters.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.
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Clivaz, Gabrielle. "La notion de centre des intérêts principaux : Réflexion à partir du Règlement CE 1346/2000 du 29 mai 2000 relatif aux procédures d’insolvabilité." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10033/document.

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A l’heure de la mondialisation et de la croissance permanente des échanges entre les Etats, la question de la faillite internationale est devenue une problématique de choix, au coeur d’un système aux multiples défaillances. Le jeu du marché ne s’opère plus au regard d’un territoire et d’un Etat, mais véritablement au regard d’un espace économique qui dépasse largement les frontières de la France. Le règlement communautaire 1346/2000 relatif aux procédures d'insolvabilité, entré en vigueur le 31 mai 2002, est un premier aboutissement en la matière au niveau de l’Union européenne. Il appréhende l’insolvabilité transfrontière en réussissant à articuler procédure universelle et procédure territoriale et en liant la compétence juridictionnelle au droit substantiel applicable. La lex fori concursus , à portée universelle, est désignée par le seul critère de compétence applicable pour l'ouverture de la procédure principale d'insolvabilité : le centre des intérêts principaux du débiteur. Notion autonome et incontestablement centrale, elle ne bénéficie pas d'une définition établie. Présumée coïncider avec le siège statutaire pour le débiteur personne morale, l'acception de la notion de centre des intérêts principaux s'est faite de manière prétorienne au fil des années. A l’heure de la révision du Règlement, sa définition n'est toujours pas inscrite à l'article 2 du règlement 1346/2000. Néanmoins, cela s'avère être un avantage lorsque l'on se positionne dans une logique de dimension internationale, dans laquelle le concept de centre des intérêts principaux tend également à s'inscrire
In the era of globalisation and permanent growth of trade between States, the matter of cross-border insolvency has become an issue of choices at the heart of a system that shows multiple failures. The market rules are no longer governed by a territory or a State, but truly by an economic area that extends far beyond the borders of France. The EC regulation 1346/2000 on insolvency proceedings that came into effect on the 31st of May, 2002 is the first achievement on this matter for the European Union. It apprehends cross-border insolvency while successfully articulating both the universal and territorial proceedings as well as binding jurisdiction with the applicable substantive law. The lex fori concursus with its universal scope is designated by the sole criterion of applicable jurisdiction for initiating the main procedure of insolvency: the debtor's centre of main interests. As an autonomous and undeniably central concept, it has no settled definition. The understanding of the centre of main interests concept which supposedly coincides with the registered office for the legal person debtor, has been put in the hands of Court over the years. Such definition is still not covered in Article 2 of the 1346/2000 regulation. However, this turns out to be an advantage on an international dimension when the concept of centre of main interests tends also to be considered on a world-wide basis
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"Maritime Cross-Border Insolvency Under The UNCITRAL Model Law Regime." Tulane University, 2018.

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acase@tulane.edu
Cross-border cases involving admiralty and bankruptcy law are troublesome because of the fundamentally different natures of the policy objectives of these two private avenues. The current declining shipping market shows the urgent need to address these issues at both a theoretical and practical level. The basic problem considered in this dissertation is what should happen when a ship owner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? In other words, should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? This dissertation also discusses the relevant issues regarding the determination of the “center of main interest” of an offshore shipping company and the scope of a debtor’s assets. The author uses a comparative law analysis, selecting four leading shipping countries—Australia, the U.K., the U.S., and Singapore—and examining their approaches to the treatment of maritime claimants. The author also proposes a solution to help eliminate the ambiguity occurred in maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with an eye to enhancing the development of the shipping industry.
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Jingchen Xu
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Teo, Chindar. "The cross-border insolvency of international banks." Thesis, 2013. https://vuir.vu.edu.au/26289/.

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The cross-border insolvency of international banks is magnified by the unresolved multi-jurisdictional cross-border conflicts that ensue between jurisdictions. The recent global financial crisis has shown that the big insolvency cases produce adverse consequences worldwide because of significant and complex legal issues.
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Mouton, Ella. "The competence of the foreign representative in cross-border insolvency matters : a comparison between South Africa and Australia / Ella Mouton." Thesis, 2014. http://hdl.handle.net/10394/11905.

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The world is continuously becoming a smaller and smaller place. It has become a global community of sorts merely divided by imperceptible borders that are easily transversed by ever-evolving technological advances in the fields of business, travel, communication and such, each regulated by its own set of domestic laws and regulations. Hordes of South Africans immigrate to Australia annually due to, among others, economic and political uncertainty. These ex-patriots generally leave behind assets and creditors in South Africa whilst acquiring new ones wherever they choose to establish themselves. This serves as basis for potential future cross-border insolvency issues. Furthermore, entities such as companies trading internationally, and multinational companies with branches and offices in more than one state, have property and creditors in many different jurisdictions. Should such a company be liquidated, it would give rise to questions of jurisdiction, the procedures to be followed, the appointment of a liquidator(s) and the distribution of assets, to name a few. The absence of a universal cross-border insolvency law leaves room for much uncertainty and confusion. What is of importance for purposes of this research is to clarify all prevailing uncertainties regarding the rights and obligations of the foreign representative and the foreign creditor in cross-border insolvency matters. The foreign representative is the person or entity appointed to administer the reorganisation or liquidation of the insolvent debtor’s assets in a foreign proceeding. The inconsistency in cross-border insolvency regulations between South Africa and Australia has the consequence that there is no guarantee that a foreign creditor in one state will be treated the same as a foreign creditor in terms of the domestic laws of the other, as the Model Law aims to do. The situation would have been significantly less complicated had the South African Cross-Border Insolvency Act been in force at present and had Australia been designated as a state to which this Act would apply. In that case, the treatment of foreign representatives and foreign creditors would be of a reciprocal nature. This dissertation attempts, through an investigation of the South African and Australian domestic insolvency laws, to ascertain the position of the foreign representative and foreign creditors pre and post incorporation of the Model Law. Consequently this dissertation compares the legal positions of these parties in terms of South African and Australian national insolvency legislation.
LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014
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Books on the topic "UNCITRAL Model Law on Cross-border Insolvency"

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New Zealand. Law Commission. Cross-border insolvency: Should New Zealand adopt the UNCITRAL model law on cross-border insolvency? Wellington, N.Z: The Commission, 1999.

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2

Veder, Paul Michael. Cross-border insolvency proceedings and security rights: A comparison of Dutch and German law, the EC Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. Deventer: Kluwer, 2004.

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3

Commission, South African Law. Interim report on review of the law of insolvency: The enactment in South Africa of UNCITRAL's Model Law on Cross-Border Insolvency. [Pretoria: The Commission, 1999.

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4

United Nations Commission on International Trade Law, ed. UNCITRAL model law on cross-border insolvency, with guide to enactment. New York: United Nations, 1999.

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5

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Taylor & Francis Group, 2017.

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6

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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7

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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8

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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9

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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Ho, Look Chan. Cross Border Insolvency: A Commentary on the UNCITRAL Model Law, Fourth Edition. Globe Law and Business Limited, 2017.

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More sources

Book chapters on the topic "UNCITRAL Model Law on Cross-border Insolvency"

1

Hannan, Neil. "Development of the Model Law." In Cross-Border Insolvency, 5–14. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_2.

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Hannan, Neil. "Manner of Introduction of the Model Law." In Cross-Border Insolvency, 15–21. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_3.

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Hannan, Neil. "Current Proposals Which May Affect the Model Law." In Cross-Border Insolvency, 237–44. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_15.

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Hannan, Neil. "Interrelationship Between the Model Law and the EC Regulation." In Cross-Border Insolvency, 227–36. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_14.

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Hannan, Neil. "How Does the Model Law Affect Existing Principles of Recognition?" In Cross-Border Insolvency, 23–41. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_4.

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Hannan, Neil. "Comparative Analysis of the Enactment and Interpretation of Chapter V of the Model Law on Cross-Border Insolvency—Concurrent Proceedings." In Cross-Border Insolvency, 159–66. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_10.

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Hannan, Neil. "Comparative Analysis of the Enactment and Interpretation of the Preamble and Chapter I of the Model Law on Cross-Border Insolvency—General Provisions." In Cross-Border Insolvency, 59–90. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_6.

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Hannan, Neil. "Comparative Analysis of the Enactment and Interpretation of Chapter III of the Model Law on Cross-Border Insolvency—Recognition of Foreign Proceeding and Relief." In Cross-Border Insolvency, 101–46. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_8.

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Hannan, Neil. "Comparative Analysis of the Enactment and Interpretation of Chapter IV of the Model Law on Cross-Border Insolvency—Operation with Foreign Courts and Foreign Representatives." In Cross-Border Insolvency, 147–57. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_9.

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Hannan, Neil. "Comparative Analysis of the Enactment and Interpretation of the Chapter II of the Model Law on Cross-Border Insolvency—Access of Foreign Representatives and Creditors to Courts in This State." In Cross-Border Insolvency, 91–99. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_7.

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