Public Policy Exceptions and the Balancing Act: Examining Zambia’s Corporate Insolvency Act in Cross-Border Cases

Abstract

This article explores the interplay between public policy exceptions and international cooperation in cross-border insolvency situations. It focuses on Section 148 of Zambia’s Corporate Insolvency Act (2017), which empowers the High Court to refuse involvement in such cases based on public policy concerns. The analysis examines the rationale behind public policy exceptions and explores potential areas of concern that might arise in cross-border insolvency, such as environmental regulations or labour standards. It then delves into the specific provisions of Section 148, including the role of the Attorney-General. Furthermore, the article critically evaluates how Zambia’s approach to public policy exceptions balances the need for international cooperation in insolvency matters. It compares Zambia’s framework with established models or practices in other jurisdictions. Finally, the article suggests potential improvements to Zambia’s Act to achieve a better balance and enhance its effectiveness in handling cross-border insolvency cases.