There is increasing regulatory interdependence amongst Central, East and
South East Asian, European and North American financial markets, and
these markets account for over one-third of the world's population and
global financial markets. As 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 volumes evaluate 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 letters of comfort to be formally
accepted as international legal tools. The work also assesses recent,
but as yet largely unregulated developments in financial agreements,
particularly the use of close-out netting provisions that serve as
significant protective mechanisms prior to the declaration of an
insolvency. It discusses international arbitration, data protection and
artificial intelligence in crossborder 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.
