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

被引：15

作者：

Mohan, S. Chandra ^{[1
]}

机构：

[1] Singapore Management Univ, Sch Law, Singapore, Singapore

来源：

INTERNATIONAL INSOLVENCY REVIEW | 2012年 / 21卷 / 03期

关键词：

D O I：

10.1002/iir.1203

中图分类号：

F8 [财政、金融];

学科分类号：

0202 ;

摘要：

This paper examines the impact that the United Nations Commission on International Trade Law (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. Copyright (c) 2012 INSOL International and John Wiley & Sons, Ltd.

引用

页码：199 / 223

页数：25