Article from INSOL Europe (Week 18 - 24 January 2016) GlobalINSOLvency Editorial Board

Cross-border insolvency law primarily deals with situations where an insolvency procedure is initiated in one jurisdiction, in relation the property of a debtor who is situated in another jurisdiction. 1 The law of insolvency on the one hand, and the conflict of laws on the other, (Private International law) must be considered. A question which is increasingly imposed is whether an order made by a foreign court, appointing a foreign representative, will be recognised by a court in South Africa and what steps must be taken by the foreign representative to deal with assets of the debtor in South Africa.