CROSS BORDER INSOLVENCY AND INDIA
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DOI:
https://doi.org/10.55662/Abstract
Insolvency is itself is a lengthy subject. Within this subject, corporate insolvency has taken manifolds. One of the reasons is the structure of the business organization and another one is ambit of growth. A corporate is allowed to grow at both domestic and international level. The issue starts in international scenario and not at domestic level because of change in laws. When a corporation crosses boundaries, the applicability of domestic law is out of scope and in that case the nations involved have to carve out the applicable law. The primary issue in addressing the issue of cross border insolvency is applicability of law as if the law is specified then all the issues of jurisdiction, priority of interest will be addressed. In this paper, the author has tried to figure out the applicable laws on the said issue from UNICTRAL Model Law to EU regulations and how the theories behind these model laws are working. The author has tried to identify certain issues which are still unaddressed and tried to find out possible approach to the said issues.
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