Support Legal Research and Review on UNCITRAL's work on Cross Border Insolvency

Established by the UN General Assembly in 1966, the United Nations Commission on International Trade Law is the core legal body of the United Nations system in the field of international trade law, with the mandate to harmonize and modernize international trade law.

The UNCITRAL secretariat is undertaking preparatory work to update the Practice Guide on Cross-Border Insolvency Cooperation (2009). The Guide provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. It illustrates how the resolution of issues and conflicts that might arise in those cases could be facilitated by cross-border cooperation, in particular through the use of cross-border insolvency agreements, tailored to meet the specific needs of each case and the requirements of applicable law. Chapter I discusses the increasing importance of coordination and cooperation in cross-border insolvency cases and introduces various international texts relating to cross-border insolvency that have been developed in recent years. Chapter II expands upon article 27 of the UNCITRAL Model Law, discussing the various ways in which cooperation in cross-border cases might be achieved. Chapter III examines in detail the use of cross-border insolvency agreements, a number of which have been entered into in cross-border insolvency cases over the past two decades, ranging from written agreements approved by courts to oral arrangements between parties to the proceedings. The analysis in this chapter is based on practical experience, in particular, in the cases summarised in annex I. "Sample clauses", based to varying degrees upon provisions found in these agreements, are included to illustrate how different issues have been or might be addressed in practice. To support this work, UNCITRAL seeks five qualified Online Volunteers with expertise or strong academic background in insolvency law, in particular cross-border insolvency. Their contributions will support UNCITRAL's ongoing efforts to modernize and harmonize international trade law, contributing to Sustainable Development Goal 16 (Peace, Justice and Strong Institutions) by strengthening legal frameworks that promote effective international judicial cooperation and the rule of law.

Each Online Volunteer will be assigned one or more chapters or thematic sections of the Practice Guide on Cross-Border Insolvency Cooperation (2009). Working under the guidance of the UNCITRAL Secretariat, Online Volunteers will: - Review assigned chapters of the current version of the updated Practice Guide and identify provisions that require further updating or revision. - Conduct legal research on developments since 2009, including judicial decisions from relevant jurisdictions; developments in international standards and best practices; and academic literature and other authoritative sources. - Identify emerging issues and trends in cross-border insolvency cooperation that may warrant inclusion in the revised Guide. - Draft proposed revisions, additions and updated text for assigned sections. - Where appropriate, prepare draft outlines or text for new chapters or thematic sections to address developments not covered in the current Guide. - Participate in periodic virtual coordination meetings and respond to comments on draft revisions. - Ensure that proposed updates are supported by appropriate legal authorities and references. Each volunteer will submit: - A reviewed version of the assigned chapter(s) with tracked proposed revisions; - Where appropriate, proposals for new sections or chapters; - A bibliography of sources consulted.