UNCITRAL

INFORMATION AND JUDICIAL JUDGEMENTS ON THE MODEL LAW

CELEBRATING 20 YEARS OF COLLABORATION BETWEEN UNCITRAL AND INSOL INTERNATIONAL

Accompanying the Second Quarter Edition of INSOL World 2014, our quarterly magazine, there was a supplementary publication detailing the history of the collaboration between the two organizations over the last twenty years. The supplement formed interesting reading and we look forward to continuing the partnership for many years to come.

COLLABORATION WITH UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW

INSOL has been invited by several governments to participate in consultations concerning insolvency legislation and practice. Countries involved include the USA, Canada and Russia. Through its association with INSOL-Europe, INSOL has also provided technical advice and support to several countries in Eastern Europe.

An example of the work of INSOL, has been the successful collaboration with the United Nations Commission on International Trade Law (UNCITRAL) over a number of years. In April 1994, INSOL jointly with UNCITRAL sponsored a colloquium in Vienna to consider the problems that occur with cross-border insolvency situations.

Following its May 1994 meeting in New York, UNCITRAL with INSOL held the first jointly sponsored judicial colloquium to consider access to courts of other nations by insolvency practitioners, recognition of decisions of foreign courts and judicial cooperation. That colloquium took place in Toronto in March 1995 alongside the INSOL Regional Conference for the Americas, and was attended by 60 judges and judicial administrators from 36 nations.

Following the colloquium, UNCITRAL, at its meeting in Vienna in May 1995, agreed that the development of model laws to deal with these problems should have a high priority, and authorised the establishment of a Working Group. This Group met four times in Vienna and New York with strong INSOL participation in each meeting. The Judicial Colloquium co-sponsored by UNCITRAL that took place in New Orleans in March 1997 alongside the INSOL World Conference endorsed the efforts of the working Group on judicial cooperation and at the meeting of UNCITRAL in May 1997, the Model Law on Cross-Border Insolvency was adopted

A number of countries have enacted the Model Law which include Australia (2008), British Virgin Islands (overseas territory of the United Kingdom of Great Britain and Northern Ireland; 2003), Canada (2005), Colombia (2006), Eritrea (1998), Great Britain (2006), Greece (2010), Japan (2000), Mauritius (2009), Mexico (2000), Montenegro (2002), New Zealand (2006), Poland (2003), Republic of Korea (2006), Romania (2002), Serbia (2004), Slovenia (2007), South Africa (2000), Uganda (2011) and United States of America (2005)

MULTINATIONAL JUDICIAL COLLOQUIUM ON INSOLVENCY

Since 1995, INSOL International and UNCITRAL have jointly sponsored a series of unique and important international Judicial Colloquia. In 2007 The World Bank joined INSOL and UNCITRAL in sponsoring these events. These Colloquiums have brought together judges, regulators and judicial officials from around the world to consider a wide range of insolvency-related issues. These issues have included judicial co-operation in cases of cross-border insolvency, access to courts by insolvency practitioners and recognition of insolvency administrations by foreign courts.

The Judicial Colloquia have taken place in Toronto (March 1995) ; New Orleans (March 1997) ; Munich (October 1999) ; London (July 2001) ; Las Vegas (September 2002) ; Sydney (March 2005) ; Cape Town (March 2007) ; Vancouver (June 2009) ; Singapore (March 2011) ; The Hague (2013) ; San Francisco, USA (2015) and Sydney (2017).

The Judicial Colloquium is a closed meeting for Judges, Regulators & Justice Officials who have an interest in Judicial Co-operation and the development and improvement of laws dealing with insolvency proceedings including Multinational and Cross-Border Insolvencies, Rehabilitations, Reconstructions and Bankruptcies.

INSOL JUDICIAL GROUP

Arising out of the Judicial Colloquia is the INSOL International Judicial Group. Membership of this group is confined to sitting judges, regulators and judicial officials and affords all the benefits of full INSOL Membership as well as the opportunity to increase communication and co-operation with fellow judges world-wide. the cost is minimal to afford the greatest possible opportunity for membership at US$40 per annum.

For further information on attending any Judicial Colloquium or joining the INSOL Judicial Group please contact:
Penny Robertson, INSOL International [email protected]

INSOL is proud of its association with UNCITRAL and the progress that is being made in this crucial area of cross-border insolvency work and it looks forward to continued close co-operation.

UNCITRAL PUBLICATIONS

To view an electronic version of the new publication of the UNCITRAL Model Law on Cross-Border Insolvency (1997) with Guide to Enactment and Interpretation (2013) click here