What are the Reliefs that may be granted upon Application for Recognition of a Foreign Proceeding as per Article 19 of UNCITRAL Model Law? Enumerate the effects of Recognition of a foreign main Proceeding as per Article

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2025
What are the Reliefs that may be granted upon Application for Recognition of a Foreign Proceeding as per Article 19 of UNCITRAL Model Law? Enumerate the effects of Recognition of a foreign main Proceeding as per Article 20 of UNCITRAL Model Law.

Answer & Explanation:

Reliefs that may be granted upon Application for Recognition of a Foreign Proceeding (Article 19 of UNCITRAL Model Law): According to Article 19 of the UNCITRAL, from the time of filing an application for recognition until the application is decided upon, the court may, at the request of the foreign representative, where relief is urgently needed to protect the assets of the debtor or the interests of the creditors, grant relief of a provisional nature, including: - Staying execution against the debtor's assets; Entrusting the administration or realization of all or part of the debtor's assets located in a State to the foreign representative or another person designated by the court, in order to protect and preserve the value of assets that, by their nature or because of other circumstances, are perishable, susceptible to devaluation or otherwise in jeopardy; and Any relief mentioned in Article 21. Relief available under Article 19 is provisional in the sense that, the relief terminates when the application for recognition is decided upon; however, the court is given the opportunity to extend the measure, as provided in Article 21. The court may refuse to grant relief under this Article if such relief would interfere with the administration of a foreign main proceeding. Effects of Recognition of a foreign main Proceeding (Article 20 of UNCITRAL Model Law): Article 20 enumerates the Effects of Recognition of a Foreign main Proceeding as follows: Once foreign proceeding is recognized which is a foreign main proceeding, the following are the effects: Commencement or continuation of individual actions or individual proceedings concerning the debtor's assets, rights, obligations or liabilities is stayed; Execution against the debtor's assets is stayed; and The right to transfer, encumber or otherwise dispose of any assets of the debtor is suspended. The effects provided by Article 20 are not discretionary in nature. These flow automatically from recognition of the foreign main proceeding. The automatic effects under Article 21 apply only to main proceedings. However, Article 20 does not affect: The right to commence individual actions or proceedings to the extent necessary to preserve a claim against the debtor. The right to request the commencement of a proceeding under [identify laws of the enacting State relating to insolvency] or the right to file claims in such a proceeding.

Topics: Insolvency

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic