Cross-border Insolvency and International Investment Law
Cross-border Insolvency and International Investment Law
Aniruddha Rajput
ABSTRACT: Cross-border insolvency is primarily a matter for private international law. In past, one some limited occasions it has resulted into cases brought before the International Court of Justice and the Iran-US Claims Tribunal. In recent times, with the advent of investment treaty arbitration cases arising out of cross-border insolvency are brought before international tribunals. The actions of the executive or the judiciary of a host State may result into insolvency of a multinational corporation. In several situations, such a corporation can seek protection under investment treaties if they are forced in insolvency, at the same time a host State may defend its actions based on its adherence to the UNCITRAL Model Law on Insolvency. Thus, a matter that was primarily a question of private international law has been a subject matter for public international law and in particular international investment law.

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