International Insolvency And Finance Law
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International Insolvency And Finance Law
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Author : Daniele D'Alvia
language : en
Publisher: Routledge
Release Date : 2022-01-31
International Insolvency And Finance Law written by Daniele D'Alvia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.
Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.
Principles Of International Insolvency
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Author : Philip R. Wood
language : en
Publisher: Sweet & Maxwell
Release Date : 2007
Principles Of International Insolvency written by Philip R. Wood and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Bankruptcy categories.
This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
International Insolvency And Finance Law
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Author : Daniele D'Alvia
language : en
Publisher: Routledge
Release Date : 2022-01-24
International Insolvency And Finance Law written by Daniele D'Alvia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-24 with categories.
Focusing on the Global Financial Crisis and the Covid-19 crisis, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate and constitute the basis through which a new theory of legal constants can be introduced in comparative law.
Contemporary Issues In Finance And Insolvency Law Volume 1
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Author : Leon Trakman
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-17
Contemporary Issues In Finance And Insolvency Law Volume 1 written by Leon Trakman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-17 with Law categories.
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.
Conflict Of Laws And International Finance
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Author : Philip R. Wood
language : en
Publisher: Sweet & Maxwell
Release Date : 2007
Conflict Of Laws And International Finance written by Philip R. Wood and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
International Insolvency Law
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Author : Professor Paul Omar
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-12-28
International Insolvency Law written by Professor Paul Omar and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-28 with Law categories.
International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
International Insolvency Law
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Author : Professor Paul Omar
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
International Insolvency Law written by Professor Paul Omar and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.
International Insolvency Law
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Author : Paul J. Omar
language : en
Publisher: Ashgate Publishing Company
Release Date : 2008
International Insolvency Law written by Paul J. Omar and has been published by Ashgate Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This work is organised into five sections: 'General Principles of Insolvency Law', 'The Rescue and Fresh Start Concepts', 'International Insolvency Initiatives', 'Finance and Security Issues' and 'Innovations in Insolvency'.
The Future Of Cross Border Insolvency
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Author : Irit Mevorach
language : en
Publisher: Oxford University Press
Release Date : 2018-03-01
The Future Of Cross Border Insolvency written by Irit Mevorach and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-01 with Law categories.
A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. Irit Mevorach here takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by a new approach. The book first sets out the theoretical debates regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method - modified universalism - synthesizing divergences into a rubric for both commercial entities and financial institutions. Adhering to these norms more robustly, Mevorach argues, would enhance global welfare and produce the best outcomes for businesses and institutions. Drawing upon sources from international law as well as behavioural and economic theory, Mevorach considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency; the impact instrument design has on decisions and choices, and how to encourage compliance. In particular, the book proposes guidelines that could potentially overcome, or at least take into account, behavioural biases in decision-making in order to create a system that works for businesses, and offers a blueprint for the future of cross-border insolvency.
Contemporary Issues In Finance And Insolvency Law Volume 1
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Author : Leon Trakman
language : en
Publisher: Routledge
Release Date : 2022-05-30
Contemporary Issues In Finance And Insolvency Law Volume 1 written by Leon Trakman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-30 with categories.
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.