Recognition and enforcement in cross-border insolvency law: A proposal for judicial gap-filling

Gopalan, Sandeep & Guihot, Michael (2015) Recognition and enforcement in cross-border insolvency law: A proposal for judicial gap-filling. Vanderbilt Journal of Transnational Law, 48(5), pp. 1225-1284.

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This Article analyzes the recognition and enforcement of cross-border insolvency judgments from the United States, United Kingdom, and Australia to determine whether the UNCITRAL Model Law’s goal of modified universalism is currently being practiced, and subjects the Model Law to analysis through the lens of international relations theories to elaborate a way forward. We posit that courts could use the express language of the Model Law text to confer recognition and enforcement of foreign insolvency judgments. The adoption of our proposal will reduce costs, maximize recovery for creditors, and ensure predictability for all parties.

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ID Code: 91866
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Cross-border insolvency, Bankruptcy, Insolvency, Commercial Law
ISSN: 0090-2594
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2016 Vanderbilt University
Deposited On: 13 Jan 2016 23:47
Last Modified: 14 Jan 2016 22:39

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