ABSTRACT

This chapter aims to examine some of the key new recommendations which the Working Group has proposed. Bearing this in mind, the work of UNCITRAL Working Group V which began confronting the matter in December 2006 is an important and ambitious endeavour. The chapter examines measures for consolidating or coordinating insolvency proceedings against group members. It provides the background on the work of the Working Group, the scope of its task, and the key issues. The chapter considers the conceptual context to the deliberations, examining the scope of the concept of the corporate form and the extent to which insolvency measures recognizing the group may interfere with this notion. It examines several key recommendations in regard to consolidation and coordination of insolvency proceedings against group members. The chapter considers the stand of the Working Group in regard to additional insolvency measures (for enterprise groups in insolvency) for dealing with group liability.