Insolvency law’s unfortunate ‘split commencement’

The unfortunate decision of the government to split the commencement date of the ILRA 2016 has created confusion, compounded by apparent difficulties in the government and law publishers to provide accurate point in time legislation. In retrospect, it would have been better to proceed with say a 1 June 2017 commencement date, if the profession […]

Cross-border insolvency – foreign judgments and enterprise groups

I earlier reported on my December 2016 attendance in Vienna, on behalf of LAWASIA, and UNCCA, on the two model laws that UNCITRAL Working Group V (Insolvency) has been drafting. Each proposed model law has the potential to provide significant assistance in cross-border insolvencies. This is an extract from a longer commentary, which, for those […]

Cross-border insolvency – recognition of insolvency judgments; enterprise groups – UNCITRAL Working Group V, Vienna 2016-New York 2017

I earlier reported on my attendance in Vienna, on behalf of LAWASIA, and UNCCA, the United Nations Commission on International Trade Law [UNCITRAL] session of Working Group V (Insolvency Law) from 12-16 December 2016. WGV is working on two model laws, each of which has the potential to provide significant assistance in cross-border insolvencies. The following provides a more principles-based […]