List of countries which have adopted the UNCITRAL Model Law or are considering its adoption

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • List of countries which have adopted the UNCITRAL Model Law or are considering its adoption
  • Introduction
  • Countries considering its adoption

List of countries which have adopted the UNCITRAL Model Law or are considering its adoption

Introduction

The UNCITRAL Model Law on Cross-Border Insolvency (the UNCITRAL Model Law) has no direct effect, but countries throughout the world are free to decide whether to adopt it either in full or in part, with or without modifications. Out of around 60 UNCITRAL Member States, the countries which have adopted the UNCITRAL Model Law include those listed below.

Note that ‘official language’ is not defined within the UNCITRAL Model Law itself, so parties should refer to the enacting law of the country where recognition is being sought to verify the official language into which documents must be translated for the purposes of recognition under the UNCITRAL Model law on Insolvency (see UNCITRAL Model law, Article 15.4; the table below is simply a guide showing the official language as specified in that country’s constitution). For example, when England adopted the Model Law under the Cross-Border Insolvency Regulations 2006, SI 2006/1030, the CBIR specifies at Schedule 2, para 4(3) that the affidavit in support shall have exhibited to it a translation in English of any exhibited document which is not in English.

Country/stateOfficial language(s) of country specified in constitutionDate adopted Model LawEnacting legislationReciprocity required?
AustraliaNone, but English is de facto national language2008Cross-Border

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