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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.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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