1945

31. The Model Law applies to an insolvency-related judgment that was issued in a proceeding taking place in a State other than the enacting State in which recognition and enforcement is sought. That scope would include the situation where both the proceeding giving rise to the judgment and the insolvency proceeding to which it relates are taking place in another State. It would also include the situation in which the judgment was issued in another State, but the insolvency proceeding to which the judgment relates is taking place in the enacting State in which recognition and enforcement is sought. In other words, while the judgment must be issued in a State other than the enacting State, the location of the insolvency proceeding to which the judgment relates is not material, and it can be either a foreign proceeding or a local proceeding taking place in the enacting State.

Related Subject(s): International Law and Justice
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