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[1] Domestic violence against men, published on Healthdirect, article available online at https://www.google.com/amp/s/www.healthdirect.gov.au/amp/article/domestic-violence-against-men accessed on 26th December 2022.

[2] Domestic Violence Against Men—Prevalence and Risk Factors by Verena Kolbe, Dr. med. And Andreas Büttner, Prof. Dr. med, available online at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7658679/ accessed on 26^th December 2022.

[3] Section 498 A in the Indian Penal Code, India Kanoon https://indiankanoon.org/doc/538436/-

amp accessed on 26th December 2022.

[5] Sushil Kumar vs Union of India, available online at https://lawcanvas.in/doc/judgement/01702005500 accessed on 26th December 2022.

[6] Intimate partner violence: Wounds are deeper by P. Patra, Jyoti Prakash, and Puneet Khanna available online at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6278226/ accessed on 26^th December 2022.

[7] 7 Types of Intimate Partner Violence, Mandated Reporter available online at https://mandatedreporter.com/blog/7-types-of-intimate-partner-violence/ accessed on 26^th December 2022.

[8] Domestic Violence against Men, published on HG.org Legal Resources, available online at https://www.hg.org/legal-articles/domestic-violence-against-men-40055 accessed on 26th December 2022.

[9] Domestic violence against men, Wikipedia available online at https://en.m.wikipedia.org/wiki/Domestic_violence_against_men accessed on 26th December 2022.

[10] Domestic violence against men, Wikipedia available online at https://en.m.wikipedia.org/wiki/Domestic_violence_against_men accessed on 26th December 2022.

[1] MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1145

[2] MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1145

[4] MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1145

[6] UNCITRAL was established by General Assembly Resolution in 1966 and consists of 36 member states. In addition a number of observer states and governmental and private international bodies were present at its meetings.

[7] Report on UNCITRAL-INSOL Judicial Colloquium on Cross-Border Insolvency, U.N. GAOR, 28th Session. Note by the Secretariat 1 10, U.N. Doc. A/CN.9/413 (1995) [hereinafter ‘Secretariat Insolvency Report’]

[8] Jenny Clift, in the Foreword to the 1st edition of Look Chan Ho (Ed.), Cross-Border Insolvency : A Commentary on the UNCITRAL Model Law, (Global Business Publishing Ltd : 2006, UK). The writer was a member of the working group and participated in its deliberations on behalf of Singapore.

[9] Report of the Working Group on its work at its 21st Session (New York, 20-31 January 1997) A/CN.9/435, paragraph 16. The Working Group’s report noted at paragraph 14 that it “did not have time to review the draft articles that had been prepared pursuant to its consideration”. It had expected to return for a final session in October 1997 to complete its report, but that was not to be as the incomplete draft was adopted by UNCITRAL in May 1997. The recollection of Berends, the Netherlands representative on the Working Group, appears to be different from mine. According to him the Working Group decided to present its incomplete report to UNCITRAL “hoping the draft would be finished by the time the Commission met” : Andre J. Berends, “The UNCITRAL Model Law on Cross Border Insolvency: A comprehensive review”, 6 Tulane Journal of International Comparative Law (1998) 309 at 318. This is not supported by the Report of the Working Group as indicated above. However, it seemed to have been accepted by delegates at the UNCITRAL’s 30th Session in May 1997 that the US was the prime mover in getting the incomplete model law speedily adopted by UNCITRAL. However, the US itself did not adopt the model law until 2005, some eight years later.

[11] Published in the UN official languages of Arabic, Chinese, English, French, Russian and Spanish. There is abundant literature on the Model Law. See for example Andre J Brends, (n 17); Look Chan Ho (ed.), Cross-Border Insolvency : A Commentary on the UNCITRAL Model Law, (Global Business Publishing Ltd : 4th edn., 2012); John A.E.Pottow, (n 8);Jenny Clift (n 28).

[12] See the UNCITRAL website at http://www.uncitral.org/uncitral/en/uncitral_texts/insolvency/1997Model.html.

[13] 72 Plenary Meeting on 15 December 1997, item Agenda 57, available at http://daccess-dds- ny.un.org/doc/UNDOC/GEN/N98/764/77/PDF/N9876477.pdf?OpenElement (accessed on 15 May 2012).

[14] See http://www.iiiglobal.org/component/jdownloads/viewdownload/636/5231.html.

[15] Bob Wessels, Bruce A Markell and Jason J. Kilborn, International Cooperation in Bankruptcy and Insolvency Matters (Oxford University Press 2009), para 8.2.1.4, page 250.

[16] Paragraphs 60-61, UNCITRAL’s Guide to the Enactment of the Model Law 1997 available at http://www.uncitral.org/pdf/english/texts/insolven/insolvency-e.pdf (accessed on 16 May 2012). UNCITRAL accepted that for these reasons, “the insolvency of such types of entities is in many States administered under a special regulatory regime” which the Model Law should respect.

[17] Para 76, UNCITRAL’s Guide to the Enactment of the Model Law 1997 available at http://www.uncitral.org/pdf/english/texts/insolven/insolvency-e.pdf (accessed on 16 May 2012).

[18] Para 86, ibid. Para 87 of the Guide gives a more detailed explanation : “In some States the expression "public policy" may be given a broad meaning in that it might relate in principle to any mandatory rule of national law. In many States, however, the public policy exception is construed as being restricted to fundamental principles of law, in particular constitutional guarantees; in those States, public policy would only be used to refuse the application of foreign law, or the recognition of a foreign judicial decision or arbitral award, when that would contravene those fundamental principles.

[19] The states are Eritrea (1998), Japan, Mexico, South Africa(2000), Montenegro (2002), Poland, Romania (2003), Serbia(2004), British Virgin Islands, United States of America (2005), United Kingdom, Korea, Colombia, New Zealand (2006), Slovenia (2007), Australia (2008), Mauritius, Canada (2009) and Greece (2010).

[20] The Working Group had indicated that its work was incomplete and that it needed more time to finalise its report : Report of the Working Group on its work at its 21st Session (New York,20-31 January 1997) A/CN.9/435. See also comment in footnote 17, ibid.

[21] Resolution of the General Assembly at its 65th Plenary Meeting.

[22] The New Zealand Law Commission’s expectation that New Zealand’s trading partners would for this reason adopt the Model Law proved wrong : New Zealand Law Commission Report on Cross-Border Insolvency”, Report 52 (February 1999), para 98 and 113, available at www.nzlii.org/nz/other/nzlc/report/R52/R52-Select.html.

[23] Professor Fletcher had hoped that a an early example set by a critical mass of commercially important states might provide some sort of “moral leadership in setting global standards” in cross border assistance : Ian Fletcher (n38) 486-487.

[24] China is unlikely to join the band as it has already enacted a new Enterprise Law 2007 which makes no mention of the Model Law. Article 5 permits the recognition and enforcement of foreign insolvency proceedings but on the basis of reciprocity.

[25] The fact that a State may choose to enact as much or as little as it wants to, might be viewed as an “Archilles’ heel” of this attempt at international harmonization” : Ian Fletcher, Insolvency in Private International Law, (2nd ed., OUP 2005), paragraph 8.73,486.

[26] Guide to the Enactment, paragraphs 12 and 21.

[27] Considered but rejected by the New Zealand Law Commission on the ground that this would act as a disincentive to foreign investment : The New Zealand Law Commission Report (n 71) para 104-105. See also Bob Wessels, Bruce A Markell and Jason J.Kilborn, International Cooperation in Bankruptcy Matters, (OUP 2009) 250.

[28] Sean Hagan in the Foreward to Rosa M Lastra, Cross-Border Bank Insolvency, (Oxford University Press 2011).

[29] Information in this part was obtained from an exhaustive survey that was done of cross-frontier recognition of foreign proceedings and practitioners in a large number of countries : Neil Cooper and Rebecca Jarvis, Recognition and Enforcement of Cross-Border Insolvency : A Guide to International Practice (John Wiley & Sons Ltd 1996). Since the survey, the law in some of the countries referred to above may have been changed because of new statutes, regulations and conventions. Further useful information is also available in Ian F. Fletcher (ed), Cross-Border Insolvency : Comparative Dimensions (The Aberystwyth Insolvency Papers),UK National Committee of Comparative Law (1990); Otto Eduardo Fonseca Lobo (ed). World Insolvency Systems : A Comparative Study, (Thomson Reuters Canada 2009).

[30] For example, that there was a final order made by a court of competent jurisdiction and the order is applicable to assets in the State: India, South Africa.

[31] Such as Israel, Nigeria, South Africa and Spain.

[32] As in Australia, Singapore, Malaysia, Jersey , Ireland ,Channel Islands, England, Isle of Man, Northern Ireland, Scotland.

[34] Also known as the Organisation for the Harmonization of Business Law in Africa (OHBLA), The 16 signatories are Benin, Burkina Faso, Cameroon, the Central African Republic, the Comoros, Congo-Brazzaville, Cote d'Ivoire, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad and Togo. It came into force in 1995. Under the treaty several Uniform Acts have been enacted in respect of general commercial law, debt collection, bankruptcy (which came into effect in 1999),and secured transactions. OHADA thus seeks to provide for the development of a rational and harmonized legal system throughout the OHADA region. For further information on the OHADA treaty see http://www.jurisint.org/ohada/pres/pres.00.en.html; Sharif A. Touray, “The OHADA Treaty: Recent Developments Will Spur African Investment and Project Financings” available at http://library.findlaw.com/1999/Jul/1/130357.html (accessed on 17 September 2011); Bob Wessels, Cross-Border Insolvency Law, (n 111) 52-53, Annex 30; Joanna A. Owusu-Ansah, “The OHADA Treaty In The Context of International Insolvency Law Developments”, http://www.iiiglobal.org/component/jdownloads/viewdownload/398/1555.html

[35] A useful compilation of some 35 of these can be found in Bob Wessels, Cross-Border Insolvency Law : International Instruments and Commentary, (Kluwer Law International BV 2007).

[36] Organisations such as the Asian Development Bank, the World Bank, the IMF, the European Bank for Reconstruction and Development, UNCITRAL, UNIDROIT, the American Law Institute and IBA. The appearance of such bodies as UNCITRAL, INSOL, ALI, IBA and IMF has made it a global effort.

[37] Bob Wessels and Ian Fletcher, Global Principles for Cooperation in International Insolvency Cases (iiiglobal.org). http://www.iiiglobal.org/component/jdownloads/viewdownload/36/5303.html.

[38] Bob Wessels and Ian Fletcher, Global Principles for Cooperation in International Insolvency Cases (iiiglobal.org). http://www.iiiglobal.org/component/jdownloads/viewdownload/36/5303.html. These include the American Law Institute’s Principles of Cooperation among the NAFTA Countries 2000 and its Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases 2000,

[39] Keith D. Yamauchi, “Should Reciprocity be a Part of the UNCITRAL Model Cross-Border Insolvency Law”, (2003) 16 Int Insol Rev 145 at 166.

[40] Paul H Zumbro, “Cross-border Insolvencies and International Protocols – an Imperfect but Effective Tool”, (2010)11 Business Law International 158; Jamie Altman, “A Test Case in International Bankruptcy Protocols : The Lehman Brothers Insolvency”, (2011) 12 San Diego Int’l L.J. 463; Evan D Flashchen and Ronald J Silverman (n 136).

[41] As listed by the International Insolvency Institute on its website at http://www.iiiglobal.org/gsearch.html. UNCITRAL has also provided a list of 36 protocols : Draft UNCITRAL Notes on cooperation, communication and coordination in cross- border insolvency proceedings, 2009, A/CN.9/WG.V/WP.86.

[42] Cases are listed in the International Insolvency Institute website at http://www.iiiglobal.org/gsearch.html.

[43] Rosalind Mason, “Cross-Border Insolvency and Legal Trans nationalisation”, (2012) 21 International Insolvency Review 85 at 107.

[44] UNCITRAL in fact recommends the use of protocols (Model Law, Article 27). For more information on workouts and restructuring, see, for example, Jay Lawrence Westbrook, Charles D.Booth, Christoph G.Paulus & Harry Rajak, A Global View of Business Insolvency Systems, The World Bank, Washington DC, 2010, chapter 5.

[45] 26th Report on Insolvency laws which was submitted to law Minister in the year 1964

[46] Eradi Committee submitted its report to the Prime Minister on 31st August 2000

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