Though UNCITRAL model law is not a substantive law, yet it recommends protection to creditors and other interested persons. Briefly describe what are the protections provided under the UNCITRAL model law.
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2019
Though UNCITRAL model law is not a substantive law, yet it recommends protection to creditors and other interested persons. Briefly describe what are the protections provided under the UNCITRAL model law.
Answer & Explanation:
The UNCITRAL Model Law contains following provisions to protect the interest of the creditors (in particular local creditor), the debtor and other affected persons – Availability of temporary relief upon application for recognition of a foreign proceeding or upon recognition is subject to the discretion of the court, it is expressly stated that in granting such relief the court must be satisfied that the interests of the creditors and other interested persons including the debtors are adequately protected (Article 22). The court may subject the relief it grants to conditions it considers appropriate. The court may modify or terminate the relief granted, if so required by a person affected thereby (Article 22). In addition to those specific provisions, the UNCITRAL Model Law in a general way provides that the court may refuse to take an action governed by the Model Law if the action would be manifestly contrary to the public policy of the enacting State (Article 6).
Topics: Insolvency Law
Related Questions in this Topic
- "Effective Insolvency Law Systems have a number of aims and objectives." Explain with reference to World Bank principles...
- Give a short note on "Effect of recognition of a foreign main proceeding" under the UNCITRAL Model Law.
- "The Model Law respects the differences among national procedural laws and does not attempt a substantive unification of...
- A debtor is subject to a foreign proceeding and a local proceeding at the same time. Discuss the provisions of UNCITRAL ...
- A foreign representative has applied to the court for recognition of the foreign proceedings. When shall such a foreign ...