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Cross-Border Insolvency - The Enactment and Interpretation of the UNCITRAL Model Law (Paperback, Softcover reprint of the original 1st ed. 2017)
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Cross-Border Insolvency - The Enactment and Interpretation of the UNCITRAL Model Law (Paperback, Softcover reprint of the original 1st ed. 2017)
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This book examines the effect of the adoption of the United Nations
Committee on International Trade Law (UNCITRAL) Model Law on
Cross-Border Insolvency in five common law jurisdictions, namely
Australia, Canada, New Zealand, the United Kingdom, and the United
States of America. It examines how each of those states has
adopted, interpreted and applied the provisions of the Model Law,
and highlights the effects of inconsistencies by examining
jurisprudence in each of these countries, specifically how the
Model Law affects existing principles of recognition of insolvency
proceedings. The book examines how the UNCITRAL Guide to enactment
of the Model Law has affected the interpretation of each of its
articles and, in turn, the courts' ability to interpret and hence
give effect to the purposes of the Model Law. It also considers the
ability of courts to refer to amendments made to the Guide after
enactment of the Model Law in a state, thereby questioning whether
the current inconsistencies in interpretation can be overcome by
UNCITRAL amending the Guide.
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