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Relevant bibliographies by topics / United Nations Commission on International Trade Law. UNCITRAL Model Law on Cross-border Insolvency

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Academic literature on the topic 'United Nations Commission on International Trade Law. UNCITRAL Model Law on Cross-border Insolvency'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "United Nations Commission on International Trade Law. UNCITRAL Model Law on Cross-border Insolvency"

1

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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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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Burman, Harold, and Jay Lawrence Westbrook. "United Nations Commission on International Trade Law: Model Law on Cross-Border Insolvency." International Legal Materials 36, no. 5 (September 1997): 1386–98. http://dx.doi.org/10.1017/s0020782900013474.

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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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Sugiyama, Etsuko. "Prospects for international bankruptcy legislation and new challenges." Impact 2021, no. 4 (May 11, 2021): 32–34. http://dx.doi.org/10.21820/23987073.2021.4.32.

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In our increasingly globalised world, businesses may operate in more than one country. If this is the case for a business and the business is forced to declare bankruptcy, multiple legal issues can arise. This is due to the lack of a single law relating to international insolvency, with most legal systems across the world having been developed on a territorial basis. Although there have been attempts to develop a unified framework for international insolvency, there is a need for improved harmonisation and modernisation of international business rules. Professor Etsuko Sugiyama, Graduate School of Law, Hitotsubashi University, Japan, is working to develop and implement measures that will facilitate cross-border cooperation when it comes to international bankruptcy. In one line of investigation, she is exploring whether existing systems in Japan are sufficient to deal with issues associated with international bankruptcy. In addition, Sugiyama is part of the United Nations Commission on International Trade Law (UNCITRAL) working group five, which works to facilitate a harmonisation of the rules surrounding domestic and cross-border insolvency. However, the group's rules and recommendations are yet to be adopted by all countries, necessitating more work to encourage uptake. This involves providing information on legislation and promoting the benefits.

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Masoud, Benhajj Shaaban. "Towards adoption of the United Nations Commission on International Trade Law Model Law on cross-border insolvency in Kenya." International Insolvency Review 22, no. 3 (September 16, 2013): 211–22. http://dx.doi.org/10.1002/iir.1213.

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7

Garg, Risham. "Issues in Insolvency of Enterprise Groups." Journal of National Law University Delhi 6, no. 1 (June 2019): 50–64. http://dx.doi.org/10.1177/2277401719870006.

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Insolvency of enterprise groups has long remained an enigmatic and untouched issue in the realm of international insolvency law. Recently, the Working Group V of United Nations Commission on International Trade Law (UNCITRAL WG V) has taken up the onerous task to fill this void and to draft an instrument/model law to govern international aspects of insolvency resolution of enterprise groups (two or more enterprises that are interconnected by control or significant ownership)2 including obligations of directors of enterprise group companies for acts done in the ‘twilight zone’. This article attempts to introduce and outline certain key issues relating to insolvency resolution of enterprise group companies and discuss a few of them, reserving a comprehensive discussion shared in subsequent papers.

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Zasemkova, O. F. "PRIVATE INTERNATIONAL LAW IN THE 21ST CENTURY: CONTEMPORARY CHALLENGES AND DEVELOPMENT PROSPECTS." Lex Russica, no. 11 (November 22, 2019): 30–36. http://dx.doi.org/10.17803/1729-5920.2019.156.11.030-036.

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In the context of integration, globalization and increasing complexity of private law relations complicated by a foreign element, private international law acquires special importance. Being influenced by the processes named above, it is not only rapidly developing and acquiring new directions for development. Private international law is also facing new global challenges. In this regard, the article attempts to analyze the main trends in the development of private international law in the 21st century revealing new trends and threats that it may face in modern conditions.Based on the results of the analysis, the author comes to the conclusion that the main trends in the development of private international law include the expansion of the scope of its application, as well as the unification and harmonization carried out within the framework of various international organizations at both universal and regional levels. The Hague Conference on Private International Law and the United Nations Commission on International Trade Law (UNCITRAL) play the most important role in this process. Finally, one more important trend in the development of private international law is constituted by the attempt to adapt to new, rapidly changing realities leading to a substantial modernization of the methods of cross-border private law disputes resolution.

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Čolović, Vladimir, and Siniša Aleksić. "Koordinacija stečajnih postupaka – sa posebnim osvrtom na transfer sredstava stečajne mase i stečaj povezanih društava / Coordination of Bankruptcy Proceedings - with special emphasis to the the transfer of bankruptcy assets and to bankruptcy of a members of group of companies." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 5. http://dx.doi.org/10.7251/gfp1606005c.

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The possibility to start against the debtor more bankruptcy proceeding, of which one is main bankruptcy, and the other are secondaries or specials, has led to the necessity of defining the rules governing coordination of these proceedings, in order to achieve the unity of the bankruptcy assets and to the equal settlement of creditors. Today, national laws and international statutory sources contain rules governing the coordination of bankruptcy proceedings. However, these rules have their basis in Private International Law. The author presents the rules of the EU Regulation No. 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, then the rules of Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, and, also, the rules of the USA legislature. The paper analyzes the status of the foreign bankruptcy decision on the territory of the country of recognition, then, the relationship and cooperation between the subjects referred to bankruptcy proceedings, in particular between the bankruptcy trustees, as well as between foreign bankruptcy trustee and the court, and the transfer of bankruptcy assets from the secondary to the main bankruptcy proceeding, which defines the status of the main relative to the secondary proceeding. Special attention is paid to bankruptcy of a members of group of companies.

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Zasemkova, O. F. "The Singapore convention on enforcement of mediated settlement agreements (mediation): from dream to reality?" Lex Russica, no. 3 (April 5, 2019): 60–72. http://dx.doi.org/10.17803/1729-5920.2019.148.3.060-072.

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On 26th of June, 2018, at its 51th session, the UN Commission on International Trade Law (UNCITRAL) announced the completion of two important documents — a draft United Nations Convention on International Settlement Agreements Resulting from Mediation, as well as the draft amendments to the UNCITRAL Model L aw on International Commercial Conciliation (2002) that, to a large extent, repeats the provisions of the draft Convention. It is expected that after its approval by the UN General Assembly on August 1, 2019, the Convention will be open for signature and, if ratified by a significant number of States, will play an important role in increasing the attractiveness of this method of dispute settlement to the international business community, allowing it to compete with international commercial arbitration.In this regard, the article attempts to analyze the main provisions of this Convention and to assess the feasibility of accession to it of the Russian Federation, taking into account the fact that currently in Russia this method of settlement of cross-border commercial disputes is not widespread. According to the results of the analysis, the author comes to the conclusion that the adoption of this Convention will create a basis for the enforcement of international agreements reached as a result of mediation and acceptable for States with different legal, social and economic conditions, while maintaining the inherent flexibility of this method of dispute resolution. This, in turn, will reduce the likelihood of parties to cross-border commercial disputes going to court or international commercial arbitration after mediation and, accordingly, will increase the attractiveness of this method of dispute resolution for the parties.

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Dissertations / Theses on the topic "United Nations Commission on International Trade Law. UNCITRAL Model Law on Cross-border Insolvency"

1

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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Books on the topic "United Nations Commission on International Trade Law. UNCITRAL Model Law on Cross-border Insolvency"

1

Rodrigo, Olivares-Caminal, Douglas John, Guynn Randall, Kornberg Alan, Paterson Sarah, and Singh Dalvinder. Part I Corporate Debt Restructuring, 4 The UNCITRAL Model Law on Cross-Border Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198725244.003.0004.

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This chapter begins by introducing the Model Law on Cross-Border Insolvency (‘the Model Law’), which was adopted by the UN Commission on International Trade Law (UNCITRAL) in May 1997 and approved formally in December. Its purpose originally was to provide a template for use by countries seeking to put into place a cross-border insolvency regime, or strengthen one already in existence. This chapter looks at how the US and UK, despite seemingly seeking to adopt the same Model Law, in reality have very different conceptions of how it is to work in practice. The chapter starts with a brief examination of the objectives and scope of the Model Law, before analysing in more detail key aspects of the US and English versions and the reasons why there appears to be a growing divergence in the way in which the Model Law is applied in practice.

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Book chapters on the topic "United Nations Commission on International Trade Law. UNCITRAL Model Law on Cross-border Insolvency"

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"Uncitral model law on cross-border insolvency." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook, 303–9. UN, 1997. http://dx.doi.org/10.18356/1655f938-en.

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"Guide to enactment of the uncitral model law on cross-border insolvency (A/CN.9/442)." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook, 311–37. UN, 1997. http://dx.doi.org/10.18356/5ebac3a4-en.

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"Summary records of the United Nations Commission on International Trade Law for meetings devoted to the preparation of the draft UNCITRAL model law on cross-border insolvency." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook, 339–417. UN, 1997. http://dx.doi.org/10.18356/57a7f1a2-en.

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4

"Cross-border insolvency." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook, 43–120. UN, 1997. http://dx.doi.org/10.18356/3bdb9cc8-en.

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"Cross-border insolvency." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook 1996, 113–80. UN, 1996. http://dx.doi.org/10.18356/06bb31d7-en.

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"Decision of the United Nations Commission on International Trade Law." In UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments with Guide to Enactment, 73–74. UN, 2019. http://dx.doi.org/10.18356/cb4dce20-en.

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