Consultation outcome

Implementation of two UNCITRAL Model Laws on Insolvency

• From: The Insolvency Service
• Published: 7 July 2022
• Last updated: 10 July 2023 — See all updates

Applies to England, Scotland and Wales

This consultation has concluded

Read the full outcome

Implementation of two UNCITRAL Model Laws on Insolvency Summary of consultation responses and Government response

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Detail of outcome

This response document sets out the Government’s intention to:

• implement the Model Law on Recognition and Enforcement of Insolvency-Related Judgments, which deals with cross-border recognition of judgments that are associated with insolvency proceedings, while undertaking further work to ensure that legal clarity can be maintained and other principles of UK law will be supported rather than overruled.
• implement the Model Law on Enterprise Group Insolvency, which provides tools to manage and coordinate insolvencies within corporate groups, while respecting that each company within the group remains a separate legal entity.

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Original consultation

Summary

Implementation of two UNCITRAL Model Laws on Insolvency

This consultation ran from
7 July 2022 to 11:59pm on 29 September 2022

Consultation description

This consultation proposes the implementation into UK law of two “model laws” adopted by the United Nations Commission on International Trade Law (“UNCITRAL), further developing the international framework for the management of cross-border insolvencies. By being amongst the first countries to consider their implementation, the UK will signal its ongoing commitment to mutual cooperation and international best practice

United Nations Commission on International Trade Law (“UNCITRAL), further developing the international framework for the management of cross-border insolvencies. By being amongst the first countries to consider their implementation, the UK will signal its ongoing commitment to mutual cooperation and international best practice.

The Model Law on Recognition and Enforcement of Insolvency-Related Judgments deals with cross-border recognition of judgments that are associated with insolvency proceedings. The Model Law on Enterprise Group Insolvency provides tools to manage and coordinate insolvencies within corporate groups, while respecting that each company within the group remains a separate legal entity. These two model laws would join and complement the Model Law on Cross-Border Insolvency, which provides a grounding framework for international cooperation in respect of insolvency proceedings, and which the UK implemented in 2006 and 2007.

Documents

Implementation of two UNCITRAL Model Laws on Insolvency Consultation

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Published 7 July 2022
Last updated 10 July 2023 + show all updates

1. 10 July 2023

   Response document published

2. 7 July 2022

   First published.