UNCITRAL Model Law on Cross-Border Insolvency
E764397
The UNCITRAL Model Law on Cross-Border Insolvency is an internationally recognized legal framework that guides countries in handling insolvency cases involving debtors, assets, or creditors in multiple jurisdictions, promoting cooperation, legal certainty, and efficient cross-border insolvency proceedings.
All labels observed (1)
| Label | Occurrences |
|---|---|
| UNCITRAL Model Law on Cross-Border Insolvency canonical | 1 |
Statements (58)
| Predicate | Object |
|---|---|
| instanceOf |
international legal instrument
ⓘ
model law ⓘ soft law instrument ⓘ |
| abbreviation | MLCBI NERFINISHED ⓘ |
| adoptedBy |
UNCITRAL
NERFINISHED
ⓘ
United Nations Commission on International Trade Law NERFINISHED ⓘ |
| adoptionDate | 1997-05-30 ⓘ |
| adoptionOrganization | United Nations NERFINISHED ⓘ |
| adoptionPlace | Vienna NERFINISHED ⓘ |
| aimsTo |
promote uniformity in cross-border insolvency rules
ⓘ
reduce obstacles to cross-border trade and investment caused by insolvency uncertainty ⓘ |
| draftedBy | UNCITRAL Working Group V (Insolvency Law) NERFINISHED ⓘ |
| fullName | United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency NERFINISHED ⓘ |
| hasComponent |
Chapter I – General Provisions
ⓘ
Chapter II – Access of Foreign Representatives and Creditors to Courts in this State ⓘ Chapter III – Recognition of a Foreign Proceeding and Relief ⓘ Chapter IV – Cooperation with Foreign Courts and Foreign Representatives ⓘ Chapter V – Concurrent Proceedings ⓘ Preamble ⓘ |
| implementationForm | enacted through domestic insolvency legislation ⓘ |
| influenced |
Chapter 15 of the United States Bankruptcy Code
ⓘ
cross-border insolvency provisions of the United Kingdom Insolvency Act 1986 ⓘ cross-border insolvency regimes in numerous jurisdictions worldwide ⓘ |
| keyConcept |
centre of main interests
ⓘ
cooperation and direct communication between courts ⓘ coordination of concurrent proceedings ⓘ foreign main proceeding ⓘ foreign non-main proceeding ⓘ foreign proceeding ⓘ foreign representative ⓘ recognition of foreign proceedings ⓘ relief upon recognition ⓘ |
| language |
Arabic
ⓘ
Chinese ⓘ English ⓘ French ⓘ Russian ⓘ Spanish ⓘ |
| legalArea |
cross-border insolvency
ⓘ
insolvency law ⓘ international commercial law ⓘ |
| providesFor |
access of foreign creditors to local insolvency proceedings
ⓘ
automatic stay upon recognition of a foreign main proceeding ⓘ cooperation between courts and foreign representatives ⓘ cooperation between insolvency representatives ⓘ discretionary relief in support of foreign proceedings ⓘ |
| purpose |
to facilitate the rescue of financially troubled businesses
ⓘ
to increase legal certainty for trade and investment ⓘ to promote cooperation between courts and other competent authorities of different States in cross-border insolvency cases ⓘ to promote fair and efficient administration of cross-border insolvencies ⓘ to protect and maximize the value of the debtor’s assets ⓘ to protect the interests of all creditors and other interested persons ⓘ to provide effective mechanisms for dealing with cases of cross-border insolvency ⓘ |
| relatedInstrument |
UNCITRAL Legislative Guide on Insolvency Law
NERFINISHED
ⓘ
UNCITRAL Model Law on Enterprise Group Insolvency NERFINISHED ⓘ UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation NERFINISHED ⓘ |
| shortName | Model Law on Cross-Border Insolvency NERFINISHED ⓘ |
| status | non-binding model for national legislation ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
United Nations Commission on International Trade Law
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topicOf
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UNCITRAL Model Law on Cross-Border Insolvency
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