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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.
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