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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