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      Contemporary Issues in Finance and Insolvency Law Volume 1

      DOI link for Contemporary Issues in Finance and Insolvency Law Volume 1

      Contemporary Issues in Finance and Insolvency Law Volume 1 book

      Contemporary Issues in Finance and Insolvency Law Volume 1

      DOI link for Contemporary Issues in Finance and Insolvency Law Volume 1

      Contemporary Issues in Finance and Insolvency Law Volume 1 book

      ByLeon Trakman, Robert Walters
      Edition 1st Edition
      First Published 2022
      eBook Published 8 July 2022
      Pub. Location London
      Imprint Routledge
      Pages 494
      eBook ISBN 9780367854461
      Subjects Area Studies, Economics, Finance, Business & Industry, Law
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      Trakman, L., & Walters, R. (2022). Contemporary Issues in Finance and Insolvency Law Volume 1 (1st ed.). Routledge. https://doi.org/10.4324/9780367854461

      ABSTRACT

      There is increasing regulatory interdependence amongst Central, East and South East Asia, European and North American financial markets and these markets account for over one third of the world’s population and global financial markets. As these Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross border insolvency and how we could restructure laws to address inadequacies.

      The two-volume work evaluates international regulatory reforms directed at detecting and managing cross border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letter of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet unregulated development in financial agreements, namely, the use of close-out netting provisions. They are a significant preventative legal mechanism, protecting large tractions, before a declaration of insolvency. It discusses international arbitration, data protection and artificial intelligence in cross border insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators.

      This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.

      TABLE OF CONTENTS

      1. Problem Definition 2. Transnational Insolvency-Part 1. 2. Jurisdictions Approach towards Cross-border Insolvency-Part 2. 3. Restructuring - Schemes of Arrangements-Part 1. 3. Restructuring - Schemes of Arrangements-Part 2. 4. Restructuring –Letters of Comfort 5. Restructuring – Mergers and Acquisitions-Part 1. 5. Restructuring – Mergers and Acquisitions-Part 2. 6. Close Out Netting [Arrangements]-Part 1. 6. Jurisdictional Comparisons of Netting Arrangements-Part 1. 6.Jurisdictional Comparisons of Netting Arrangements-Part 2.

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