全球化的到来导致了跨境贸易。世界上许多国家的商业活动存在于许多地区。在这种情况下,国际破产已成为一个新兴问题。各国努力遵守在促进贸易和确保国家金融安全之间取得平衡的法律。需要一个标准化的平台,在这个平台上,公司可以在这个场景中运行。贸易法委员会(联合国国际贸易委员会)就是这样一种努力,以便为这些公司制订一种均质模式。国际破产法只适用于模态法,个别国家制定了自己的法典,以保护本国和投资者的利益。由于《贸易法委员会法典》,个别国家通过了若干细微差别和差别法律。美国立法有一些法典,这些法典与贸易法委员会法典几乎相似,但也有一些不同之处。本分析将对国际破产的这些方面进行详细的探讨。本文将对美国的国际破产案例进行分析。为此,我们将探讨Elpida记忆的案例分析。Elpida Memory是一家在美国有业务的日本公司。2012年2月27日,该公司因快速扩张政策申请破产。这家公司没有在日本申请破产,而是决定在美国申请破产。这次破产的原因已经调查过了。分析了《美国破产法》中与破产有关的具体条款和本案的判决。并利用该案例对礼让因素进行了分析。在这种情况下,将严格分析美国对贸易法委员会提出的模态法的解释。



Advent of globalization has lead to cross border trading. Business operations of the many countries exist in many regions across the world. In such a scenario International insolvency has become an emerging issue. Countries try to adhere to the laws that are a balance between promoting trade and ensuring national financial safety. There is a need for standardized platform in which the companies operate in the scenario. UNCITRAL (United Nations Commission of International Trade) is one such endeavour in order to develop a homogenized pattern for the companies. International Insolvency laws are exclusively dealt in the modal law individual countries have developed their own code of laws in order to protect the interest of the country as well as the investors. There are several nuances and differential laws that have been adopted by the individual countries owing from this UNCITRAL code. American legislation has a number of codes and laws that are almost similar to the UNCITRAL code nevertheless there are some differences. These aspects in international insolvency will be probed in detail in this analysis. In this dissertation there will be analyses made about international insolvency cases in the United States of America. For this purpose a case study analysis of Elpida Memory will be probed. Elpida Memory is a Japanese company that had business operations in United States. It had filed for bankruptcy in On February 27, 2012 owing to its rapid expansion policy. Instead of filing for bankruptcy in Japan the company had decided to file for bankruptcy in United States. Reasons for this bankruptcy have been probed. The specific clause connected to insolvency in the United States bankruptcy code and verdict for the case has been analysed. Using this case comity factor will also is analysed. American Interpretation of the modal law proposed by UNCITRAL will be critically analysed in this scenario.

Initially there will be analysis of the overall code of UNCITRAL from which international insolvency in American Bankruptcy code and the laws pertaining to the particular case law will be analysed in this dissertation. Specific legislation used to render The verdict in this case will be analysed. Critical analysis of the Bankruptcy code and judgment rendered in this case will be examined.