2.4.1. The Scope of Duty to ('o-opcrate
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Articles 25 and 26 impose on both courts and representatives a mandatory duty t o the maximum extent possible'with foreign courts and representatives.
T h e scope of this duty of co-operation extends according to Articles 23 and
26 to all 'matters referred to in Article 1'. Article 1 provides for the scope of application
of the Model Law as a whole. Whenever the Model Law applies, national authorities
are b o u n d b v o f a duty of co-operation. Co nsequently, except for proceedings expressly
excluded bv the enacting State, the duty covers the entire spectrum ol cross-border
insolvency situations. Thus, the duty exists whenever assistance is sought by a foreign
court or representative in connection with foreign proceedings; whenever assistance
is sought abroad in connection with a domestic proceeding; when domestic and
foreign proceedings take place concurrent!}'; and, finally, whenever creditors or other
interested persons in a foreign state have an interest in requesting the commencement
of, or participation in, a domestic proceeding.1"'
As a result, the existence of the duty- of co-operation does not depend on anv formality.
In particular, the duty to co-operate does not depend on any form of recognition. Nor
is the duty restricted in terms o f ' p r o p e r ' jurisdiction for the court.