Contemporary Issues in Finance and Insolvency Law Volume 2

Product Description

The book evaluates international regulatory reforms directed at detecting and managing insolvency crises in financial markets. It also assesses recent, but as yet unregulated development in financial agreements, namely, the use of close-out netting provisions.

Review
Cross-border insolvency necessarily involves multiple jurisdictions. But, as this important new work demonstrates, it also routinely necessitates multiple perspectives - economic and legal, of course, but also social, political, and medical. A particular strength is the manner in which the book focuses on the digital economy, where data is a source of value but doesn't fall neatly into existing categories: Is it a good? Is it a service? Is it something else? At the same time, the authors ground their research in the practical and the pragmatic, offering concrete proposals in support of regulatory convergence and harmonisation that, they argue, will better enable the global economy to navigate increasingly choppy waters. For practitioners, scholars, and students it will be of great interest - and of great use.
Simon Chesterman, Dean and Provost's Chair Professor of the National University of Singapore Faculty of Law and Senior Director of AI Governance at AI Singapore
In this innovative new book, Trakman and Walters make the case for urgent reform of cross border corporate insolvency and restructuring law. Their account covers, but goes beyond, challenges with the existing enforcement and recognition regime, to call for 'internationalisation' of various legal tools and mechanisms, including several rarely discussed in a cross-border insolvency and restructuring context such as letters of comfort, data protection, and artificial intelligence. This impressive scope is matched by engagement with an impressive number of jurisdictions: Australia; India; Indonesia; China; Singapore; UK; US; and the European Union. The result is a book which deserves a place on the bookshelves of anyone interested in this important field.
Sarah Paterson, Professor of Law, London School of Economics
As the world continues to grapple with the COVID-19 pandemic and economic downturn, this is a most timely and impressive study of cross-border insolvency. A particular strength is its extensive research. The authors cover not only technical substantive laws concerned with transnational insolvency, but also complicated private international law issues such as jurisdiction and international commercial arbitration, which are rarely discussed in the literature. It further identifies key emerging areas of international commercial law such as data protection and artificial intelligence that will form part of cross-border insolvency and restructuring. Specifically the book calls for nations to collaborate at internationalisation level for current and future economic shock. One of the finest works on cross-border insolvency, this book is essential reading for everyone interested in the insolvency law, international commercial law, private international law and international dispute resolution.
Weixia Gu, Associate Professor, The University of Hong Kong Faculty of Law and Co-Chair, American Society of International Law Asia-Pacific Interest Group (2018-2021)
Throughout the COVID-19 pandemic the world has experienced various levels of financial stress, however in this context of global crisis some crucial aspects of financial infrastructural stress, such as cross border insolvency and restructuring, have not often been spoken or written about. Against the backdrop of a period of growth, internationally, nevertheless a comparatively large number entities have had to restructure or declare insolvency. With many entities based in multiple locations and in different countries, this book provides partitioners, scholars, and students with a highly sophisticated comparative legal analysis. The authors make an important point - that national and international regulat