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CS Professional · Insolvency and Bankruptcy - Law and Practice · Group Insolvency

Apex Textiles Ltd, an Indian company, has a subsidiary in Singapore and another in Kenya. Apex's board asks which international instrument provides India-relevant guidance on treating insolvency of enterprise group members. Which instrument is correct?

The UNCITRAL Legislative Guide on Insolvency Law, Part three, addresses the treatment of enterprise groups in insolvency. The other options deal with arbitration awards, treaty interpretation or commercial arbitration, and have no role in group insolvency of related companies.

  1. AUNCITRAL Legislative Guide on Insolvency Law, Part three: Treatment of enterprise groups in insolvencyCorrect
  2. BThe New York Convention on arbitral awards
  3. CThe Vienna Convention on the Law of Treaties
  4. DThe UNCITRAL Model Law on International Commercial Arbitration

Explanation

UNCITRAL Part three of the Legislative Guide deals specifically with enterprise groups in insolvency, covering domestic and cross-border aspects. The other instruments concern arbitration or treaty law, not group insolvency.

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