VENUE: ILI Headquarters, Washington, D.C., USA      
TUITION: $1995    



Inadequate cross-border insolvency policies negatively impact a country's financial and institutional stress and security.  It inhibits foreign direct investment; burdens judicial systems; leads to asset outflow; and increases recovery time of financial downturns. Comprehensive legal frameworks that target domestic and international proceedings can counteract these consequences and attract investments and minimize lending risks. This one-week seminar on advanced cross-border insolvency will compare insolvency regimes, analyze model laws, discuss domestic needs and limitations, and introduce the latest developments in the field. Through this course, participants will be able to consider current and potential reforms addressing their country's bankruptcy policies.


Course Outline


Impact of Inadequate Domestic and Cross-Border Insolvency Laws

  • Economic Impact
  • Cross-border investment
  • Personal liability
  • Off shoring of Cash Assets
  • Impact on Institutional and Banking [Lending and Recovery]
  • Judicial Efficiency

Review of Cross-Border Insolvency Regimes

  • UNCITRAL Model Law Provisions
  • EC Regulation on Insolvency Proceedings 2000
  • Other robust country-specific laws
  • Comparison of advantages and disadvantages

Discussions on Specific Provisions and Their Impacts

  • Access
  • Application and commencement
  • Eligibility and jurisdiction
  • Commencement standards and applicable laws

Treatment of assets upon commencement

  • Assets included and excluded
  • Protection and preservation of estate
  • Use and disposal
  • Post-commencement finance
  • Treatment of contracts
  • Avoidance proceedings


  • Debtor
  • Insolvency representative
  • Creditors
  • Other stakeholders


Management of proceedings

  • Treatment of creditor claims
  • Priorities and distribution of proceeds
  • Treatment of corporate groups
  • Judicial procedure
  • Domestic
  • International

Conclusion, discharge and closure

Recognition and Enforcement of Insolvency-Related Judgments

  • Draft Model Law
  • Draft Guide to Enactment of the Model Law

Cooperation and coordination

Facilitating the cross-border insolvency of multinational enterprise groups

Impacts on

  • Judiciaries
  • Government policy / treaties
  • Lenders and commercial communities
  • Domestic and Foreign Direct Investment

Program will be infused with case studies and updates on international bankruptcy policies