Commentary

Access to the Courts by a Foreign Representative

Part XII Financial Difficulties
| Commentary

Access to the Courts by a Foreign Representative

| Commentary

Access to the Courts by a Foreign Representative

An essential foundation of the Model Law is the provision of access to the domestic courts by a foreign insolvency representative. Article 9 states succinctly that a foreign representative is entitled to apply directly to a court in the enacting state and in particular there is no need to obtain a licence or other form of prior authorisation from a domestic regulator. An application by itself is largely a futile exercise unless it is a prelude to application for interim relief or for the recognition of foreign insolvency proceedings. To avoid

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