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Cross-Border Insolvency Under IBC: UNCITRAL Model Law and India Developments

India IBC 2016 has limited cross-border insolvency provisions under Sections 234-235. The IBC Amendment Bill proposes adopting UNCITRAL Model Law. Learn the current framework, Jet...

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IBC Insolvency
Published
May 13, 2026
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May 13, 2026
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Last updated: May 2026Applies to: FY 2026-27 (AY 2027-28)Verified against: Government sources

As Indian companies increasingly operate internationally and foreign companies conduct business in India, cross-border insolvency has become a critical legal challenge. The IBC 2016 has limited provisions, and India is moving towards adopting the UNCITRAL Model Law on Cross-Border Insolvency.

Current Framework: Sections 234-235 IBC

Section 234 — Bilateral Agreements

Enables the Central Government to enter bilateral treaties or agreements with other countries for:

  • Enforcement of provisions of IBC in those countries
  • Application of those countries insolvency laws to Indian proceedings
  • Cooperation between insolvency authorities

Limitation: No bilateral agreements have been entered into as of 2025. This creates a complete vacuum for practical cross-border insolvency.

Section 235 — Letters of Request

Adjudicating Authority (NCLT) can issue letters of request to competent courts in foreign countries requesting assistance in cross-border insolvency proceedings — applying IBC principles. Used in practice but recognition by foreign courts is uncertain without treaties.

The UNCITRAL Model Law Framework (Proposed)

The UNCITRAL Model Law on Cross-Border Insolvency (1997) has been adopted by 50+ countries including USA (Chapter 15), UK, Australia, South Korea, and Japan. Key provisions:

Access for Foreign Representatives

Foreign insolvency representatives (RP equivalents) can directly access domestic courts to participate in local proceedings of the same debtor.

Recognition of Foreign Proceedings

TypeDefinitionEffect on Recognition
Foreign Main ProceedingProceeding in country where debtor has COMIAutomatic stay/moratorium in recognizing country
Foreign Non-Main ProceedingProceeding in country where debtor has an establishmentDiscretionary relief only

Cooperation with Foreign Courts

Courts and insolvency practitioners of different countries can communicate and cooperate directly — sharing information, coordinating proceedings, cross-border protocols.

Jet Airways Cross-Border Case (2019-2020)

Jet Airways is India's landmark cross-border insolvency case:

  • Jet Airways entered CIRP in June 2019 at NCLT Mumbai
  • Dutch court had appointed provisional insolvency administrators for Jet Netherlands
  • NCLT Mumbai issued letter of request to Dutch court
  • Dutch and Indian courts conducted joint hearing (protocol) — India first cross-border judicial cooperation
  • Lessons: absence of UNCITRAL Model Law caused delays and uncertainty in coordination

IBC Amendment Bill 2022 — Proposed Changes

The Amendment Bill proposed inserting Part ZA (Chapter IVA) with provisions based on UNCITRAL Model Law:

  • COMI determination for debtors
  • Mechanism for recognition of foreign proceedings
  • Relief provisions (automatic stay or discretionary)
  • Cooperation with foreign courts
  • Concurrent proceedings (same debtor in multiple countries)

As of May 2025: Bill passed Lok Sabha but pending Rajya Sabha approval and enactment.

Practical Challenges Today

  • No automatic moratorium in India against foreign creditors when CIRP is initiated
  • Indian RP cannot access foreign assets of debtor without bilateral agreements
  • Foreign creditors uncertain about their rights in Indian CIRP — they participate as "foreign operational/financial creditors" with same rights under existing IBC
  • Asset stripping risk: promoters may move assets offshore before CIRP commences

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Quick recapKey facts & short answers

Key Facts About Cross-Border Insolvency Under IBC

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Cross-Border Insolvency Under IBC end to end for you.

What are the current cross-border insolvency provisions in IBC?

Sections 234-235 of IBC allow the Central Government to enter bilateral agreements with other countries for cross-border insolvency cooperation. However, no agreements have been finalized yet, creating a practical gap.

What is the UNCITRAL Model Law on Cross-Border Insolvency?

A set of provisions developed by the UN Commission on International Trade Law (UNCITRAL) in 1997, providing for: recognition of foreign proceedings, cooperation with foreign courts, access for foreign representatives, and relief for foreign proceedings.

A due date missed is rarely a matter of law — it is almost always a matter of calendar.

— TaxClue Compliance Desk

Cross-Border Insolvency Under IBC: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Short, direct answers to the 6 questions readers ask most on this topic.

Sections 234-235 of IBC allow the Central Government to enter bilateral agreements with other countries for cross-border insolvency cooperation. However, no agreements have been finalized yet, creating a practical gap.

A set of provisions developed by the UN Commission on International Trade Law (UNCITRAL) in 1997, providing for: recognition of foreign proceedings, cooperation with foreign courts, access for foreign representatives, and relief for foreign proceedings.

Not yet officially. The Insolvency Law Committee in 2018 recommended adoption. The IBC (Amendment) Bill 2022 proposed adding UNCITRAL-based cross-border provisions (Chapter IVA). As of 2025, still pending enactment.

Centre of Main Interests (COMI) — the place where the debtor conducts administration of its interests on a regular basis. Determines which country has primary jurisdiction. Typically the place of registered office (rebuttable presumption).

Jet Airways (2019-2020) had operations in Netherlands and India. Both countries had insolvency proceedings. The NCLT coordinated with Dutch courts, marking India first significant cross-border insolvency cooperation case.

Currently, no automatic recognition mechanism exists. Foreign representatives must approach Indian courts (High Court) for recognition via Section 44A CPC (foreign judgment enforcement) — cumbersome and limited.