Write notes on the following: Protection of creditors and other interested persons under the UNCITRAL model law

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2015
Write notes on the following: Protection of creditors and other interested persons under the UNCITRAL model law

Answer & Explanation:

The UNCITRAL Model Law on Cross-Border Insolvency includes several provisions to protect the interests of creditors (particularly local creditors), the debtor, and other affected persons: Equal Treatment of Foreign Creditors: Foreign creditors have the same rights regarding the commencement of and participation in a proceeding under the laws of the enacting state relating to insolvency as creditors in that state. This ensures non-discrimination. Temporary Relief with Safeguards: The 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 debtor, are adequately protected (Article 22, paragraph 1). Conditional Relief: The court may subject the relief it grants to conditions it considers appropriate. Modification or Termination of Relief: The court may modify or terminate the relief granted if so requested by a person affected thereby (Article 22, paragraphs 2 and 3). Public Policy Exception: In addition to these specific provisions, the Model Law generally 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). This serves as an overarching safeguard to protect fundamental principles and interests of the enacting jurisdiction. These provisions aim to balance the need for efficient cross-border insolvency cooperation with the protection of local interests and fairness to all stakeholders.

Topics: Insolvency and Winding Up

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