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In this context, the Executive Board shall

establish simplified proof requirements for seeking recognition and relief for foreign proceedings, avoiding time consuming legalization requirements involving notarial or consular procedures (art. 13)

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In addition, the Model Provisions deem the recognized foreign proceeding to constitute proof that the debtor is insolvent for the purposes of commencing local proceedings.

It was suggested that the foreign representative should be required to submit evidence that enabled the court to establish whether the proceeding for which recognition was sought was a main proceeding or a non main proceeding.

However, the methods and procedures for such cross border certification or recognition had to be carefully considered by the Working Group.

It would be appropriate that the accreditation process followed in the Sub Commission be the same as that of the Commission.

(2) Recognition of a foreign insolvency proceeding is, for the purposes of initiating proceedings in the enacting State referred to in paragraph (1) and in the absence of evidence to the contrary, proof that the debtor is insolvent.

New York, September 2005

(a) Rules of Procedure and Evidence

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Evidentiary standards and verification process

Once such procedures are seen to be sound and beyond question, the accreditation of NIs in international forums could be commensurate with the institution's accreditation to the ICC.

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quot (2) Recognition of a foreign insolvency proceeding is, for the purposes of opening proceedings in this State referred to in paragraph (1) and in the absence of evidence to the contrary, proof that the debtor is insolvent. quot

(2) Recognition of a foreign insolvency proceeding is, for the purposes of commencing a proceeding in this State referred to in paragraph (1) of this article and in the absence of evidence to the contrary, proof that the debtor is insolvent.

(2) Recognition of a foreign insolvency proceeding is, for the purposes of commencing a proceeding in this State referred to in paragraph (1) of this article and in the absence of evidence to the contrary, proof that the debtor is insolvent.

10.4 The State party argues firstly that the challenged resolutions of the municipal council make no reference to Roma, and must thus be distinguished from the resolutions at issue in, for example, the Koptovay case that were racially discriminatory on their face.

(b) a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative or

(b) a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative or

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quot (b) a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative or

Procedural issues Failure to substantiate the complaint

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B. Procedural and evidentiary requirements 56 62 16

It was further suggested that the existence of local proceedings should constitute grounds for barring the recognition of a foreign proceeding.

The international value of ISO 14001 certification, however, depends on the confidence that others have in the body that performs the certification and in the process it uses.

quot (2) Recognition of a foreign insolvency proceeding is, for the purposes of commencing a proceeding in this State referred to in paragraph (1) of this article and in the absence of evidence to the contrary, proof that the debtor is insolvent. quot

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Admissibility of evidence in other proceedings

(b) Procedural guarantees, impartiality and independence

A concern was expressed that recognition of a foreign main proceeding, while appropriately resulting in a stay of judicial proceedings, should not stay arbitral proceedings.

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The list should be submitted for tacit approval.

F. Recognition of foreign proceedings 7

(1) Upon recognition of a foreign proceeding that is a foreign main proceeding,

That applied in particular to the procedural laws and rules on the gathering and admissibility of evidence.

Certificate in civil procedure obtained

Procedural issues Failure to substantiate claims

Article 7 13 . Proof concerning foreign proceeding 59 67 15

quot (b) a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative or