Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law
This
book examines the effect of the adoption of the United Nations
Committee on International Trade Law (UNCITRAL) Model Law on
Cross-Border Insolvency in five common law jurisdictions, namely
Australia, Canada, New Zealand, the United Kingdom, and the United
States of America. It examines how each of those states has adopted,
interpreted and applied the provisions of the Model Law, and highlights
the effects of inconsistencies by examining jurisprudence in each of
these countries, specifically how the Model Law affects existing
principles of recognition of insolvency proceedings.
The book
examines how the UNCITRAL Guide to enactment of the Model Law has
affected the interpretation of each of its articles and, in turn, the
courts’ ability to interpret and hence give effect to the purposes of
the Model Law. It also considers the ability of courts to refer to
amendments made to the Guide after enactment of the Model Law in a
state, thereby questioning whether the current inconsistencies in
interpretation can be overcome by UNCITRAL amending the Guide.
