Home / Volume 9, Issue 2 / Cross Border Insolvency and the UNCITRAL Model Law:… Open access · CC BY-NC 4.0
Research Paper Volume 9 Issue 2 2116 - 2121 April 25, 2026

Cross Border Insolvency and the UNCITRAL Model Law: Challenges and Prospects for India

Lead author · Corresponding
Advaita Shankar
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Co-author
Dr Abhiranjan Dixit
Associate Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Abstract

For many years, India's insolvency situation was limited to its borders, leaving a huge blind spot in a time when companies operate all over the world. Although the Insolvency and Bankruptcy Code (IBC) of 2016 revolutionized domestic debt resolution, it did not address the issue of assets and creditors located in various nations. This article explores India's pressing and long overdue adoption of the UNCITRAL Model Law on Cross-Border Insolvency . We examine why waiting for the government to sign separate treaties with each nation was never a practical solution. I analyse the conflict between Indian law and international norms using actual cases, such as the Jet Airways scandal. The Insolvency and Bankruptcy Code (Amendment) Bill, 2025, is the main topic of conversation. What Is stopping us? Finding a company's "Centre of Main Interests" is simple on paper, but in the age of digital offices and shell corporations, it can be extremely difficult. It is extremely demanding to ask our NCLT benches, who are already overworked, to coordinate with foreign judges. The outlook remains positive in spite of these obstacles. Legal neatness is only one aspect of moving toward a single international standard; another is making India a more secure and reliable location for foreign investors.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 2116 - 2121
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation


        
📢 Call for Papers — Volume IX Issue III now open  ·  Impact Factor 7.010  ·  Indexed in HeinOnline, Manupatra & Google Scholar + 1000+ Libraries  ·  Free DOI Submit Now →
Chat with us