Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?

Author

S. Chandra MOHAN, Singapore Management UniversityFollow

Publication Type

Journal Article

Version

submittedVersion

Publication Date

12-2012

Abstract

This paper examines the impact that the UNCITRAL Model Law on Cross-border Insolvency has had on States in the light of the central problems often associated with transnational insolvencies. Despite the accolades that it has received, the Model Law has been adopted in only 19 countries in the last 15 years and that too in many different ways. If the number of adoptees and the rather conditional acceptance of the Model Law’s provisions represent a lack of international enthusiasm for adopting the Model Law, what are the reasons for this? The paper concludes by asking whether the UNCITRAL Model Law presently has a future in dealing with cross-border insolvencies.

Discipline

Bankruptcy Law | Dispute Resolution and Arbitration | International Law

Research Areas

Dispute Resolution

Publication

International Insolvency Review

Volume

21

Issue

3

First Page

199

Last Page

223

ISSN

1099-1107

Identifier

10.1002/iir.1203

Publisher

Wiley

Citation

MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223.
Available at: https://ink.library.smu.edu.sg/sol_research/1145

Copyright Owner and License

Authors

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Additional URL

https://doi.org/10.1002/iir.1203