The Revised UNCITRAL Model Law Enactment Guide - A Welcome Product?
Journal of International Banking Law and Regulation, 325, 2014
16 Pages Posted: 10 May 2014
Date Written: May 8, 2014
This paper critiques the Revised Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency which contains recommendations regarding, inter alia, the elements of centre of main interests (COMI) and the time at which COMI should be determined under the Model Law. It will be shown that the revised Guide’s rationale appears unsound, its core policy recommendations seem unwise, and in the final analysis the revised Guide seems to hinder the Model Law’s cause.
Keywords: UNCITRAL Model Law on Cross-Border Insolvency, Guide to Enactment, centre of main interests
JEL Classification: K10, K19, K20, K22, K29, K33, K39, K40, K41, K49
Suggested Citation: Suggested Citation