Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

UNCITRAL Model Law definition

What does UNCITRAL Model Law mean? In practice, UNCITRAL model Law refers to the UNCITRAL Model Law on Cross‑Border insolvency (1997), a template used to recognise and assist foreign insolvency proceedings and to coordinate concurrent cases in different countries. It is not legislation itself; it is a non‑binding model text produced by UNCITRAL and adopted into domestic law by states. In England & Wales and Scotland it is implemented by the Cross‑Border Insolvency Regulations 2006 (CBIR 2006), and in Northern Ireland by the Cross‑Border Insolvency Regulations (Northern Ireland) 2007. Key features include: access for a foreign representative to apply to the court; recognition of foreign...

CBIR 2006 recognition of foreign proceedings in Great Britain: automatic stays, relief and lifting, Gibbs rule, co‑operation, and creditor protections

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Objectives

The preamble to the uncitral model law on cross-border insolvency (the UNCITRAL Model law on insolvency) sets out the following aims:

collaboration between courts and other competent authorities in this state and in foreign jurisdictions handling cross-border insolvency matters
increased legal certainty for commerce and investment
a fair and efficient conduct of cross-border insolvency proceedings that safeguards the interests of all creditors and other stakeholders, including the debtor
protection and maximisation of the value of the debtor’s assets, and
support for rescuing financially distressed businesses, thereby safeguarding investment and preserving employment

It is designed to accommodate differences among countries and does not attempt to harmonise laws, so it concentrates on procedure rather than substance. It soon became clear that trying to harmonise the varied insolvency laws worldwide would be unrealistic, so substantive rules are left to the enacting state’s domestic law (see also the European Commission’s plans to harmonise insolvencies and restructurings across Europe—Practice Note: Harmonising insolvencies and restructurings: impact on England—the draft directive on harmonising certain aspects of insolvency law)...

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Web page updated on 21/05/2026

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