Decision to recognize a foreign proceeding

Reinhard Bork and Michael Veder

Chapter Article 17 in The UNCITRAL Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments, 2025, pp 172-184 from Edward Elgar Publishing

Abstract: Article 17 governs the recognition decision. Consistent with the ML’s goal of prompt recognition, its requirements are minimal. Recognition must be granted if the foreign proceeding is a foreign main proceeding or a foreign non-main proceeding and if the applicant is the foreign representative. The receiving court also must determine, as part of its recognition decision, whether the proceeding is main or non-main because a foreign main proceeding receives important automatic relief. The court has discretion to terminate or modify the recognition decision.

Keywords: Decision; Foreign main proceeding; Foreign non-main proceeding; Modification; Recognition; Termination (search for similar items in EconPapers)
Date: 2025
ISBN: 9781839102516
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