This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonise cross-border insolvency law.
Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe and North America, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.
Key Features:
- Detailed article-by-article examination of the MLCBI and MLIJ by leading international experts
- In-depth evaluation of the role of foreign representatives and creditors to courts in enacting states
- Analysis of the model laws in relation to key cross-border insolvency cases, including Rubin v Eurofinance SA [2013] and In re Vitro S.A.B. de C.V. [2012]
This is an invaluable resource for lawyers, judges, academics and students specialising in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.
