Cross-Border Insolvency And The Case For Adoption Of The Uncitral Model Law In India
- IJLLR Journal
- Nov 9, 2025
- 1 min read
Bhavya Sahu, Lovely Professional University
ABSTRACT
Corporate debtors are increasingly operating across jurisdictions as a result of the globalization of trade and finance. Complex procedural and substantive difficulties arise when dealing with cross-border insolvency concerns, such as recognition of foreign proceedings, coordination of remedy, access for international representatives and creditors, and court collaboration. The UNCITRAL Model Law on Cross-Border Insolvency (1997), sometimes known as the "Model Law," is a practical, extensively used framework intended to reduce ambiguity and promote collaboration. Although India has not implemented a comprehensive Model Law-based regime, the government has examined a Draft "Part Z" that is mostly based on the Model Law and the Insolvency and Bankruptcy Code, 2016 ("IBC") contains limited cross-border instruments (particularly Sections 234–235). This essay discusses the main points of the Model Law, evaluates India's present legal system and case law (using the Jet Airways and Videocon episodes as examples), To make adoption feasible in the Indian context, the report ends with useful legislative and regulatory proposals.
