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China’s Insolvency Law and Interegional Cooperation

China’s Insolvency Law and Interegional Cooperation

Author: Xinyi Gong
Publisher: Routledge
ISBN: 9781138048584
Published In: November 2017
Format: Hardback
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation.

These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward.

The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.

Chapter 1 Introduction
Possibility of Cooperation on a Regional Level
Lack of a Regional Cross-border Insolvency Framework
Structure of the Book
Chapter 2 China’s Special Political Regime and Current Regional Cross-border Legal Cooperation
Introduction
Political Integration
Economic Integration
Current Legal Cooperation within the Four Regions
Conclusion
Chapter 3 Diverse Cross-border Insolvency Systems among the Four Regions
Introduction
The Mainland Approach
Hong Kong Approach
Macao Cross-border Insolvency System
Taiwan Cross-border Insolvency System
Conclusion
Chapter 4 Regulation versus. Model Law: A Comparative Review on Key Aspects
Introduction
COMI
Recognition and Reliefs
Cooperation and Communication
BREXIT and Its Influences
Conclusion
Chapter 5 Solutions Tailored into a Chinese Context: A Balanced Way
Introduction
Recommendation 1 -- Guiding Principle
Comments to Recommendation 1
Recommendation 2 – Overriding Objective
Comments to Recommendation 2
Recommendation 3: Form and Scope
Comments to Recommendation 3
Recommendation 4: Recognition and Reliefs
Comments to Recommendation 4
Recommendation 5: Public Policy
Comments to Recommendation 5
Recommendation 6 – Cooperation and Communication (single debtor and enterprise groups)
Comments to Recommendation 6
Recommendation 7 – Cross-border Insolvency Agreements
Comments to Recommendation 7
Recommendation 8 – Functional Dispute Settlement Mechanism
Comments to Recommendation 8
Recommendation 9 - Inter-Regional Case Register
Comments to Recommendation 9
Recommendation 10 – Independent Intermediaries: Separate Arrangement for Cross-strait Insolvency Cooperation (The Mainland and Taiwan)
Comments to Recommendation 10
Conclusion
Summary
Annex
Index