Article 15. Relief upon application for recognition

(2) An application for recognition shall be accompanied by

2. An application for recognition shall be accompanied by

(2) An application for recognition shall be accompanied by

(2) An application for recognition shall be accompanied by

quot (2) An application for recognition shall be accompanied by

quot (2) An application for recognition shall be accompanied by

Article 15. Relief upon application for recognition of a foreign proceeding

Article 15. Relief upon application for recognition of a foreign proceeding

The article defines the core procedural requirement for an application by a foreign representative for recognition.

(b) when the proceeding in this State commences after recognition, or after the filing of the application for recognition, of the foreign proceeding,

(b) When the proceeding in this State commences after recognition, or after the filing of the application for recognition, of the foreign proceeding,

quot (8) An application for recognition of a foreign proceeding shall be decided upon expeditiously . quot

A question in that regard was whether a request for provisional measures should be linked to an application for recognition, or whether, as subparagraph (a) implied, such a request might be allowed under the Model Provisions even prior to an application for recognition.

Relief envisaged by article 17 may be granted upon recognition of the foreign proceeding (unlike relief under article 15, which is available upon application for recognition).

Application for recognition of a foreign proceeding 1. A foreign representative may apply to the court for recognition of the foreign proceeding in which the foreign representative has been appointed.

In some cases those measures might be needed even prior to the filing of an application for recognition.

(3) An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.

3. An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.

(8) An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.

(8) An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.

(2) The court shall grant or refuse an application for recognition of a foreign main proceeding within ____ days after the application has been filed with the court.

Accordingly, the relief under article 16 was only available upon recognition, and the provisional relief provided in article 15 required at least the filing of an application for recognition.

Participants asked for stronger recognition of the responsibility to protect , as well as the broader application of that principle.

Article 15 already dealt with emergency situations by authorizing the court to grant provisional relief upon application for recognition.

(6) No legalization of documents supplied in support of the application for recognition or other similar formality is required.

(6) No legalization of documents supplied in support of the application for recognition or other similar formality is required.

quot (6) No legalization of documents supplied in support of the application for recognition or other similar formality is required.

quot (8) An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time. quot

quot (6) No legalization of documents supplied in support of the application for recognition or other similar formality is required.

However, strong objections were raised to including a generally applicable duty to issue notice of application for recognition in article 18.

For that reason, a number of jurisdictions did not require the issuance of notice prior to any court decision on an application for recognition.

Differing views were expressed as to whether article 18 should also require the court to issue notice of an application for recognition.

From the time of filing the application for recognition of the foreign proceeding, the foreign representative shall inform the court promptly of

It was suggested that such a link should be required, for example by adding words such as quot pending recognition of the foreign insolvency proceedings quot or quot in view of a future application for recognition quot .

(1) From the time of filing an application for recognition until the application is decided upon, the court may, under the conditions in article 17, grant any relief permitted under that article.

At the same time the Working Group affirmed that the Model Provisions should provide the opportunity to request provisional measures once an application for recognition had been filed, though before the granting of recognition.

(3) Unless extended under article 21(1)(f), the relief granted under this article terminates when the application for recognition is decided upon.

(a) when the proceeding in this State is taking place at the time the application for recognition of the foreign proceeding is filed,

(a) When the proceeding in this State is taking place at the time the application for recognition of the foreign proceeding is filed,

(3) Unless extended under article 17(1)(c), the relief granted under this article terminates when the application for recognition is decided upon.

(3) Unless extended under article 17(1)(c), the relief granted under this article terminates when the application for recognition is decided upon.

Relief that may be granted upon application for recognition of a foreign proceeding 1. From the time of filing an application for recognition until the application is decided upon, the court may, at the request of the foreign representative, where relief is urgently needed to protect the assets of the debtor or the interests of the creditors, grant relief of a provisional nature, including

According to another view, the requirement of an application for recognition could not be dispensed with, since it was only the recognition that established definitely the status of the foreign representative in the enacting State.

quot (3) Unless extended under article 17(1)(c), the relief granted under this article terminates when the application for recognition is decided upon.