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Cross-border insolvency protocols play a critical role in
facilitating the efficient resolution of complex international
corporate insolvencies. This book constitutes the first in-depth
study of the use of insolvency protocols, enriching existing
knowledge about them and serving as a comprehensive introduction to
their application in the context of multinational enterprise group
insolvency. It traces the rise of insolvency protocols and
discusses their legal basis, contents, effects, major
characteristics and limitations. Key features include: proposition
of a Group Insolvency Protocol (GIP) design a comprehensive study
of around 50 insolvency protocols from 1992 to 2020 analysis of
major international insolvency law instruments, modern trends and
developments in the area of insolvency of enterprise groups
practical recommendations for drafting an insolvency protocol,
addressing problems related to their adoption and offering
suggestions for the improvement of group coordination exploration
of the nature of insolvency protocols and pertinent issues
including the preservation and realization of material assets,
resolution of intercompany claims, information exchange, conflicts
of interest, participation rights and group governance in
insolvency. Cross-Border Protocols in Insolvencies of Multinational
Enterprise Groups will be an indispensable resource for insolvency
practitioners, lawyers, judges and policy makers, whilst also being
of value to scholars and students concerned with insolvency law and
corporate governance.
This volume is the definitive work on banking sector crisis
management. It covers all recent legislative developments and it
provides cognate analysis by leading experts on matters covering
the whole spectrum of bank crisis management, ranging from early
intervention and provision of emergency liquidity assistance by the
central bank to group resolution and the workings of the Single
Resolution Mechanism. Additionally, country reports of all major
jurisdictions such as Australia, the US, UK, Germany, Japan and
China provide comprehensive overviews of the current state. It will
prove an invaluable companion to all those seeking to demystify
this most complex area of legal and regulatory practice.' - Emilios
Avgouleas, University of Edinburgh, UKIn this timely Handbook, over
30 prominent academics, practitioners and regulators from across
the globe provide in-depth insights into an area of law that the
recent global financial crisis has placed in the spotlight: bank
insolvency law. Research Handbook on Crisis Management in the
Banking Sector discusses the rules that govern a bank insolvency
from the perspectives of the various parties that are affected by
these rules. Thus, whilst many bank insolvency rules have been
enacted only recently and their application is still clouded by a
host of uncertainties, this book takes the perspectives of the
relevant authorities, of the bank and of the bank's counterparties.
Providing a comprehensive approach to crisis management in the
banking sector, this Handbook will prove a valuable resource for
academics, postgraduate students, practitioners and international
policymakers. Contributors include: J. Adriaanse, D. Bernstein, V.
Borger, A. Bornemann, W. Bosma, A. Campbell, A. Carr, B. Clarke, P.
Davies, T. Dijkhuizen, P. Durban, J. Gabilondo, F. Garcimartin, M.
Haentjens, T. Hayashi, T.F. Huertas, B.P.M. Joosen, S. Kaltsouni,
Q. Kong, R. Mason, P. Moffatt, M. Murray, P. Rank, J.-P. van der
Rest, M.I. Saez, R.A. Sahni, M. Schillig, D. Schoenmaker, J.
Sluysmans, M. Timmer, N. van Triet, V. Troiano, T. Verdoes, L.
Verrill, B. Wessels, S. Yonghui, G.S. Zavvos
Since the great financial crisis, many countries across the globe
have witnessed the introduction of new recovery and resolution
regimes for banks. The Research Handbook on Cross-Border Bank
Resolution analyses the strengths and weaknesses of the current
regulatory framework for resolving cross-border bank crises and
proposes avenues for improvement. This cutting edge Research
Handbook includes a broad range of perspectives of the regulatory
and economic infrastructure of the banks themselves, third parties,
and real life case studies, on both a domestic and, in particular,
an international level. Chapters are authored by eminent experts in
the field with contributions from the US, EU, Japan and China. With
its comprehensive and rounded analysis of cross-border bank
resolution, this wide-ranging Research Handbook will be of value to
academics and researchers across the globe. The practical issues
and policy recommendations included will also be of benefit for
policy makers within the banking sector and bankers and lawyers
alike.
This work contains a collection of seminal essays on topical issues
in Dutch business and bankruptcy law. The articles survey a range
of commercial law subjects, including contract, competition,
insolvency, corporate, banking and financial services law. The
author has published widely in these areas, relying on his
extensive practical experience in legal and consulting work.
"Business and Bankruptcy Law in The Netherlands" should be of
interest to lawyers and businessmen with an interest in the
development and practical application of Dutch commercial law, in
both the national and international markets.
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