2.5.1. Procedure for Recognition

Recognition of foreign insolvency proceedings is to be a 'simple and expeditions'

procedure under the Model Law and applications tor recognition are to be decided

upon 'at the earliest possible time'.1"" States enacting the Model Law arc directed not

to impose any requirements in addition to the core procedural requirements referred

to in the Model Law itself. The basic requirement under the Model Law is that an

application for recognition shall be accompanied by a certified document evidencing

the commencement of the foreign proceedings and the appointment of the foreign

representative.1 ' " The recognising court may require the documents to be translated

into its own language.

The Model Law does not require these documents to be authenticated in any specific

way. Instead, the recognising court 'is entitled to presume' that the documents submitted

are authentic, whether or not they have been legalised.1 , 1 The use of the words

- 'entitled to presume' indicates that the court is not bound by the presumption. It

allows courts to save time and costs where possible, but to require additional

formalities where they find it necessary.