Cross-Border Insolvency Law: A Comparative Institutional Analysis

Oxford Journal of Legal Studies 2014

35 Pages Posted: 28 Apr 2012 Last revised: 25 Apr 2014

Date Written: April 25, 2014


Any choice of a state for a cross-border insolvency regime involves a trade-off between increased cross-border economic activity and application of less-preferred substantive insolvency law. A state may be relatively more dependent (‘dependent state’) on the economy of another, less dependent, state (‘dominant state’) than vice versa. This paper shows that the dependent state, to increase its gains from cross-border economic activity, has an interest in the dominant state applying territorialism. Applying unilateral universalism vis-à-vis the dominant state, the dependent state increases these gains even more. Within the conceptual framework of historical and comparative institutional analysis (HCIA), the influence of the United States on the drafting of the UNCITRAL Model Law on Cross-Border Insolvency is used as a case study.

Keywords: Cross-border insolvency law, universalism, territorialism, HCIA

JEL Classification: K00

Suggested Citation

Franken, Sefa, Cross-Border Insolvency Law: A Comparative Institutional Analysis (April 25, 2014). Oxford Journal of Legal Studies 2014, Available at SSRN: or

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