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Judicial Co-operation in Cross-Border Insolvency: Challenges and Opportunities in ASEAN

Shen Haoyu

[2026] SAL Prac 7

Abstract:
Cross-border insolvency cases are on the rise. Judicial co-operation is essential in such cases to avoid fragmented or conflicting proceedings and to ensure fair treatment of creditors and assets across jurisdictions. This article surveys the different avenues currently adopted by judiciaries in the Association of Southeast Asian Nations (“ASEAN”) to co-operate with each other in cross-border insolvency, discusses possible challenges hindering greater embrace of such co-operation in ASEAN, and suggests potential pathways to promote stronger co-operation among regional judiciaries.