Recognition and enforcement of insolvency-related judgments in England: UNCITRAL MLIJ Article X, CBIR 2006 amendments, consultation outcome and the rule in Gibbs

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Rationale for adopting UNCITRAL model laws

The government is eager for England to be among the first jurisdictions to explore implementation, as this would demonstrate its continuing commitment to mutual co‑operation and international best practice. Global co‑operation enables international businesses to choose to restructure here, confident this will deliver the best outcome for creditors, shareholders and management, and that results will be recognised both in their local courts and around the world. Following Brexit, the Insolvency Service wants England to remain well placed to continue to lead in this area...

The Insolvency Service highlights these advantages in adopting UN Commission on International Trade Law (UNCITRAL) Model laws:

co‑operation between nations on insolvency matters is typically mutually beneficial
preventing unnecessary insolvency proceedings and the piecemeal break‑up of viable businesses preserves value throughout the process, increases returns to creditors and protects employees’ jobs
international recognition of insolvency proceedings and related legal decisions makes different national insolvency regimes accessible to business, allowing them to select the most appropriate jurisdiction in which to restructure or liquidate, based on their needs and the requirements of their creditors

In practice, the Model...

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Web page updated on 21/05/2026

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