Lessons for the Development of Singapore's International Insolvency Law

(2011) 23 Singapore Academy of Law Journal 932

40 Pages Posted: 25 Feb 2017

See all articles by Meng Seng Wee

Meng Seng Wee

National University of Singapore (NUS) - Faculty of Law; National University of Singapore (NUS) - Centre for Law & Business

Date Written: 2011

Abstract

This article argues that Singapore's international insolvency law is outdated and makes some suggestions for its reform. Drawing on the established conflicts methodology of choice of jurisdiction and choice of law, it gives a new exposition of the theories of universalism and territorialism. This forms the backdrop to an examination of the history of the ring fencing provision of s 377(3)(c) of the Companies Act and recent international developments. The article contends that, from both theoretical and practical perspectives, it is in Singapore's interest to repeal s 377(3)(c) and enact the UNCITRAL Model Law on Cross-Border Insolvency.

Suggested Citation

Wee, Meng Seng, Lessons for the Development of Singapore's International Insolvency Law (2011). (2011) 23 Singapore Academy of Law Journal 932, Available at SSRN: https://ssrn.com/abstract=2923171

Meng Seng Wee (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

National University of Singapore (NUS) - Centre for Law & Business ( email )

Eu Tong Sen Building
469G Bukit Timah Road
259776
Singapore

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