Cross-border Insolvency and Public International Law

Dr. Aniruddha RAJPUT*

Abstract: The legal issues arising from cross-border insolvency primarily belong to the domain of private international law. However, in recent times, crossborder insolvency is arising under and giving rise to issues of public international law. The problems posed by cross-border insolvency are complicated, since the legal system in different States is diverse and there is no unified framework. Equally important are issues of efficiency and effectiveness of proceedings. We will be addressing all these issues and provide potential solutions in the present paper.

*Member, UN International Law Commission; Email: The opinions expressed in this paper are solely the author’s and do not engage the institutions he belongs to.

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