Contemporary Issues in Finance and Insolvency Law Volume 1

Increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets requires cohesive, compatible and integrated insolvency and restructuring laws. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. It calls for schemes of arrangements and letters of comfort to be formally accepted as international legal tools and assesses recent unregulated developments in financial agreements. The book seeks a meaningful balance between self-regulation and regulation imposed by governments and international financial regulators.

Format: Hardback
Length: 420 pages
Publication date: 17 August 2022
Publisher: Taylor & Francis Ltd

The growing interconnectedness of Central, East, and South East Asian, European, and North American financial markets is a significant trend in the global financial landscape. These markets collectively represent over one-third of the world's population and play a pivotal role in the global financial economy. As Asian markets continue to gain prominence, the need for more cohesive, compatible, and integrated insolvency and restructuring laws becomes increasingly apparent.

In response to this demand, this two-volume work offers a comprehensive examination of the reasons behind the internationalization of cross-border insolvency and restructuring laws. It explores how these laws can be restructured to address inadequacies and improve their effectiveness in dealing with cross-border financial crises.

The first volume of the work focuses on international regulatory reforms aimed at detecting and managing cross-border insolvency and restructuring crises. The authors argue that schemes of arrangements and letters of comfort should be formally accepted as international legal tools, providing a framework for cross-border cooperation and coordination. The work also assesses recent developments in financial agreements, particularly the use of close-out netting provisions, which serve as significant protective mechanisms prior to the declaration of an insolvency.

The second volume of the work delves into various aspects of international arbitration, data protection, and artificial intelligence in cross-border insolvency and restructuring. It discusses the challenges and opportunities these technologies present, as well as the legal and regulatory frameworks that need to be in place to ensure their effective implementation.

The book seeks to strike a meaningful balance between self-regulation through financial contracts and other party practices and regulation imposed by governments and international financial regulators. It emphasizes the importance of collaboration and cooperation among different stakeholders to address cross-border insolvency and restructuring issues effectively.

This extensive work will be a valuable resource for legal practitioners, policy makers, and scholars engaged in financial regulation and international financial laws. It provides a comprehensive analysis of the current state of play and offers insightful recommendations for future reforms.

Weight: 970g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032318844