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Cross-Border Insolvencies

2019
Jefferson’s timeless statement is more appropriate than ever before. There has always been international commerce, but in the last decades the volume of international trade has reached unprecedented highs and the trends are globally set for growth as world exports continue to grow. Moreover, nowadays the merchants and their trade companies are replaced
openaire   +1 more source

The Uncitral model law: A harmonized approach to cross-border insolvency challenges

International Journal For Multidisciplinary Research
The UNCITRAL Model Law on Cross-Border Insolvency, established in 1997, which provides a framework for managing insolvency cases that span multiple jurisdictions.
Aahana
semanticscholar   +1 more source

India's Journey towards Cross-Border Insolvency Law Reform

Asian Journal of Comparative Law
This article examines India's journey towards a cross-border insolvency regime and its draft law on cross-border insolvency. The article analyses the areas of convergence and divergence between India's draft law and the UNCITRAL Model Law on Cross ...
Debaranjan Goswami, Andrew Godwin
semanticscholar   +1 more source

Kewenangan Kurator Dalam Mengeksekusi Aset Debitor Pada Kepailitan Lintas Batas (Cross Border Insolvency)

Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan
Article 1 of Law No. 37/2004 on Bankruptcy and Postponement of Debt Payment Obligations, what is meant by Bankruptcy is a general confiscation of all assets of the Bankrupt Debtor whose management and management is carried out by the Curator under the ...
Okta Putri Setia Ningtias
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Legal Implications of the Territorial Principle on Cross-Border Insolvency in Indonesian Bankruptcy Law

Justice Voice
Economic development across countries plays a crucial role in shaping an economic system that adapts to changing times. However, economic activities are inherently linked to various transactions, which may result in companies facing challenges, losses ...
Nurull Hikmah
semanticscholar   +1 more source

Maritime Cross-Border Insolvency in China

SSRN Electronic Journal, 2019
Due to the high degree of mobility of ships and the special operational structures of shipping companies, it is difficult to harmonise the cross-border insolvency regime with the maritime law regime governing ships. One of the typical examples is the recent bankruptcy of Hanjin Shipping Co Ltd.
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Navigating the evolving seas of cross‐border insolvency: The shift towards COMI and the Model Law approach in Hong Kong; Re Global Brands Group Holding Ltd (In Liquidation) [2022] 3 HKLRD 316 (Coram Harris J) [case comment]

International Insolvency Review
In cross‐border insolvency cases involving foreign liquidators, Hong Kong courts traditionally adhered to two criteria for recognition and assistance: the collective nature of insolvency proceedings and the commencement of such proceedings in the company'
Alric Wong
semanticscholar   +1 more source

Cross-Border Insolvency and Sustainable Business Growth: Legal Frameworks, Challenges, and Strategies in a Globalized Economy

Journal of Informatics Education and Research
In today’s interconnected world economy, businesses operate cross borders to access new thriving markets, resources, and growth opportunities. However, the quest for sustainable business growth often encounters unforeseen challenges, particularly in ...
Stuti Tiwari, Hina Kausar
semanticscholar   +1 more source

Cross-border insolvency in the age of globalisation: Harmonising domestic laws with international best practices

Journal of Corporate and Commercial Law & Practice, The
The accelerating pace of globalisation has intensified cross-border commercial transactions, inevitably increasing the incidence of cross-border insolvency.
Chengeto Natty Kazangarare
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Cross-Border Insolvency under the 2016 Insolvency and Bankruptcy Code: Necessity and Roadmap for Comprehensive Reform.

Kutafin Law Review
Cross-border insolvency remains one of the most significant yet unresolved challenges within India’s insolvency framework. Despite increasing globalization and India’s expanding integration into the global economy, the country still lacks a comprehensive
V. Jayshree, M. Biswal
semanticscholar   +1 more source

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