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

Abstract

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

Ho, Look Chan, The Revised UNCITRAL Model Law Enactment Guide - A Welcome Product? (May 8, 2014). Journal of International Banking Law and Regulation, 325, 2014, Available at SSRN: https://ssrn.com/abstract=2434780

Look Chan Ho (Contact Author)

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