The UNCITRAL Model Law on Cross-Border Insolvency: neither a law nor much of a model

9 July 2019



The UNCITRAL Model Law on Cross-Border Insolvency: neither a law nor much of a model

Speaker: Professor Martin Davies, Tulane University Law School (New Orleans)

One predictable consequence of the US-China Trade War is the increase of cross-border insolvency proceedings in Asia Pacific. In this context, the Sydney Law School Centre for Asian and Pacific Law arranges this talk on the interplay between insolvency and private international law. It focuses on the UNCITRAL Model Law on Cross-Border Insolvency. The Australian experience in applying the Cross-Border Insolvency Act 2008 (Cth) has shown that there are grave unanticipated difficulties in the legislative scheme proposed by the Model Law. Australia happily adopted the text as is, but perhaps it should not have done so. The talk will also extensively look at the way the Model Law has been implemented in Singapore, Japan, Korea and the Philippines.

About the speaker

Martin Davies is Admiralty Law Institute Professor of Maritime Law at Tulane University Law School in New Orleans and Director of the Tulane Maritime Law Center.

He holds the degrees of M.A. and B.C.L. from Oxford University, England, and an LL.M. from Harvard Law School. Before joining Tulane, he was Harrison Moore Professor of Law at The University of Melbourne in Australia and before that he taught at Monash University, The University of Western Australia and Nottingham University. He has also been a visiting professor at universities in China, Italy, Azerbaijan and Singapore. He has received several teaching awards, and in 2017, the editors of the law report series American Maritime Cases dedicated the 2016 bound volumes to him.

He is author (or co-author) of books on maritime law, international trade law, conflict of laws, and the law of torts. He has also published many journal articles on these topics. He has extensive practical experience as a consultant for over 30 years on maritime matters and general international litigation and arbitration, in Australia, Hong Kong, Singapore, and the USA.

Moderator: Associate Professor Jie (Jeanne) Huang, Sydney Law School

Registration: Complimentary, however essential.

CPD Points: 1

This event is hosted by the Centre for Asian and Pacific Law (CAPLUS) at The University of Sydney Law School.


Time: 1-2PM (light lunch from 12.45pm)

Location: Sydney Law School, Law Lounge, Level 1, New Law Building Annex (F10A)

Cost: Complimentary, however registration is essential.

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 3c542366292e14253b1f0b06491502062349120f004f2739