Uploaded on May 1, 2024
Cross-border insolvency is a situation where a debtor's assets or creditors are in located multiple jurisdictions.
Breaking Boundaries Understanding Cross-Border Insolvency
Breaking Boundaries: Understanding
Cross-Border Insolvency
INTRODUCTION TO CROSS-
BORDER INSOLVENCY
• Cross-border insolvency is a situation
where a debtor's assets or creditors are in
located multiple jurisdictions.
• It presents unique challenges due to
differences in legal systems and creditors'
priorities.
• Cross-border insolvency regulations provide
an effective and efficient mechanism for
handling such cases, promoting cooperation
and coordination across different
jurisdictions.
INCORPORATING CROSS-BORDER
PROVISIONS IN THE INSOLVENCY
AND BANKRUPTCY CODE
• Section 234 of the IBC empowers the
Central Government to make agreements
with foreign countries to enforce its
provisions relating to cross-border
insolvency.
• Section 235 allows the Adjudicating
Authority in India to issue a letter of
request to a foreign court or authority
seeking assistance in insolvency
proceedings.
Breaking Boundaries: Understanding Cross-Border Insolvency
COMPANIES INVOLVED IN CROSS-
BORDER INSOLVENCY UNDER THE
IBC
• Jet Airways
• Videocon Industries
• Essar Steel
Breaking Boundaries: Understanding Cross-Border Insolvency
CHALLENGES IN MANAGING
CROSS-BORDER INSOLVENCY
• Varying legal frameworks
• Lack of uniformity in recognition of
foreign proceedings
• Coordination among numerous
stakeholders
Breaking Boundaries: Understanding Cross-Border Insolvency
OVERCOMING THE CHALLENGES
• Strengthen the institutional framework for cross-border
insolvency
• Enhance cooperation with foreign jurisdictions
• Promote convergence with international practices
• Implementing the UNCITRAL Model Law on Cross-
Border Insolvency
• Fostering greater awareness and capacity building
among insolvency professionals, judges, and
stakeholders
• Indulging in training programs, workshops, and
knowledge-sharing platforms related to law.
Breaking Boundaries: Understanding Cross-Border Insolvency
CONCLUSION
• Cross-border insolvency presents unique
challenges that require a coordinated and
cooperative approach among different
jurisdictions.
• Ancoraa Resolution, a leading firm in
dispute resolution, offers expertise in
navigating cross-border insolvency
matters, ensuring optimal outcomes for
all parties involved.
Breaking Boundaries: Understanding Cross-Border Insolvency
THANK YOU
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