UNCITRAL model law on recognition and enforcement of insolvency-related judgments with guide to enactment
By: United Nations Commission on International Trade Law
Publisher: United Nations
Published: 2019
Place of publication: Vienna
Language: eng
Number of pages: 74
ISBN-13: 9789211303711
Copyright date: 2019
Subjects: Conflict of laws; Bankruptcy
Description: Few existing international instruments deal with the recognition and enforcement of judgments generally and those that do exist exclude from their scope matters relating to insolvency and thus recognition and enforcement of insolvency-related judgments. In addition, some uncertainty exists with respect to the interpretation of articles 7 and 21 of the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) in terms of providing the necessary authority for such recognition and enforcement as a form of relief available on recognition of a foreign insolvency proceeding. The Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ) is designed to address those situations and provide States with a simple, straightforward and harmonized procedure for recognition and enforcement of insolvency-related judgments, thus complementing the MLCBI to further assist the conduct of cross-border insolvency proceedings.
Notes: Includes bibliographic references.
Table of contents: title: Part one. UNCITRAL model law on recognition and enforcement of insolvency-related judgments; title: Preamble; title: Article 1. Scope of application; title: Article 2. Definitions; title: Article 3. International obligations of this State; title: Article 4. Competent court or authority; title: Article 5. Authorization to act in another State in respect of an insolvency-related judgment issued in this state; title: Article 6. Additional assistance under other laws; title: Article 7. Public policy exception; title: Article 8. Interpretation; title: Article 9. Effect and enforceability of an insolvency-related judgment; title: Article 10. Effect of review in the originating state on recognition and enforcement; title: Article 11. Procedure for seeking recognition and enforcement of an insolvency-related judgment; title: Article 12. Provisional relief; title: Article 13. Decision to recognize and enforce an insolvency-related judgment; title: Article 14. Grounds to refuse recognition and enforcement of an insolvency-related judgment; title: Article 15. Equivalent effect; title: Article 16. Severability; title: Article X. Recognition of an insolvency-related judgment under [insert a cross-reference to the legislation of this state enacting article 21 of the UNCITRAL Model Law on Cross-Border Insolvency]; title: Part two. Guide to enactment of the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments; title: I. Purpose and origin of the Model Law; title: II. Purpose of the Guide to Enactment; title: III. A model law as a vehicle for harmonization of laws; title: IV. Main features of the Model Law; title: V. Article-by-article remarks; title: VI. Assistance from the UNCITRAL secretariat; title: Annexes