Constructing A Modern Cross-Border Insolvency Regime In India: International Comparative Lessons In The Wake Of The 2026 IBC Amendment
Rashi Mamar, Amity University, Noida
ABSTRACT
The rise of multinational corporations and transnational assets has increased the significance of efficient procedures for cross-border insolvency. India’s earlier mechanism under Sections 234 and 235 of the Insolvency and Bankruptcy Code, 2016, lacked a comprehensive system for recognition and coordination of foreign proceedings. In light of the Insolvency and Bankruptcy Code (Amendment) Act, 2026, this paper examines India’s evolving cross-border insolvency regime through a comparative analysis of various jurisdictions. The paper argues that India ought to implement a modified and hybrid approach based on the UNCITRAL Model Law while preserving domestic safeguards relating to public policy and sovereignty
Keywords: Cross-Border Insolvency, UNCITRAL Model Law, Insolvency and Bankruptcy Code, Modified Universalism, COMI, Judicial Cooperation, Foreign Proceedings.
