THE PAST TWO DECADES or so have witnessed global economic integration at an unprecedented rate. As a result, there has been a huge increase in the number of companies that operate on a cross-border basis. Companies operate on a cross-border basis in many ways, including through investing and owning assets in other jurisdictions and through establishing trading and other commercial relationships with parties in other jurisdictions. When companies operate on a cross-border basis, it is inevitable that the laws of two or more jurisdictions will apply to their activities. This article outlines the challenges that arise in the context of cross-border insolvency proceedings and the steps that have been taken towards achieving cross-border co…
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