2.4.3. Access of Representatives to Courts and Proceedings

The Model Law grants a foreign representative the right to apply directly to the courts

of t he enacting state.1 3 Aside from the requirement of being a foreign representative

in the sense of the Model Law, no other conditions or formalities apply. As a procedural

safeguard it is provided that the 'sole fact that an application is made pursuant

to this Law' does not subject the foreign representative or the foreign assets and affairs

of the debtor to the jurisdiction of the court for any purpose other than the application.

The foreign representative is entitled to apply for the opening of local proceedings,

i f the conditions for such proceedings are otherwise met.1 ' The Model Law ensures

/on/5 standi tor the foreign representative, but does not create any exceptions to requirements

under local law for the opening ot insolvency proceedings. " T h e possibility

of opening local proceedings is a powerful tool tor (foreign) representatives to ensure

timely and comprehensive protection of the debtor's assets against creditor (or debtor)

action. In addition, the Model Law also provides for the possibility for interim relief

in the context of recognition procedures.1 Such relief will normally be less costly,

but may take longer to obtain and will generally lack retro-active effect. Moreover,

the representative's standing to request the commencement of local proceedings exists

without any recognition of foreign proceedings and applies to representatives of

both main and non-main proceedings.

According to Article 12 the foreign representative is entitled to 'participate' in a

proceeding regarding the (same) debtor. Again, this concerns the procedural standing

only.1 s It creates the opportunity for the foreign representative to make petitions,

submissions or requests as to how the proceeding should progress. Article 12, however,

does not confer any specific rights or powers on the foreign representative.