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E-grāmata: Contemporary Issues in Finance and Insolvency Law Volume 2 [Taylor & Francis e-book]

(Victoria University, Australia), (UNSW Sydney, Australia)
  • Formāts: 172 pages, 5 Line drawings, black and white; 5 Illustrations, black and white
  • Izdošanas datums: 17-Aug-2022
  • Izdevniecība: Routledge
  • ISBN-13: 9781003312024
Citas grāmatas par šo tēmu:
  • Taylor & Francis e-book
  • Cena: 155,64 €*
  • * this price gives unlimited concurrent access for unlimited time
  • Standarta cena: 222,34 €
  • Ietaupiet 30%
  • Formāts: 172 pages, 5 Line drawings, black and white; 5 Illustrations, black and white
  • Izdošanas datums: 17-Aug-2022
  • Izdevniecība: Routledge
  • ISBN-13: 9781003312024
Citas grāmatas par šo tēmu:
There is increasing regulatory interdependence amongst Central, East and South East Asia, European and North American financial markets, and these markets account for over one-third of the worlds population and global financial markets. As these 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-volume work evaluates 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 unregulated developments in financial agreements, namely, the use of close-out netting provisions. They are a significant preventative legal mechanism, protecting debtors, creditors and employees among others, before a declaration of insolvency. The book discusses international arbitration, data protection and artificial intelligence in cross-border insolvency and restructuring. Finally, it 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.
List of Figures
x
Foreword xi
Preface xiii
Acknowledgement xv
7 International Arbitration
1(36)
7.1 Introduction
2(3)
7.2 The Recognition and Enforcement of International Commercial Arbitration
5(3)
7.3 Tension Between Arbitration and Cross-Border Insolvency
8(25)
7.3.1 Arbitration Clauses -- Insolvency Disputes
9(6)
7.3.2 Managing Debt and Arbitration
15(3)
7.3.3 Entering into Insolvency Following Conclusion of Arbitration -- but Before Award is Issued
18(2)
7.3.4 Assets Located in Separate Jurisdictions
20(1)
7.3.5 Arbitrability -- Australia and Singapore
20(6)
7.3.6 Seat and Jurisdiction
26(3)
7.3.7 Winding Up
29(4)
7.4 Conclusion
33(4)
8 Cross-Border Insolvency and Data Protection Law
37(45)
8.1 Introduction
38(3)
8.2 Data Protection Versus Privacy
41(10)
Case Law
44(7)
8.3 Personal Data - What Does It Constitute?
51(9)
Australia
52(1)
China
53(2)
The European Union
55(2)
United States
57(1)
Comparative Differences
58(2)
8.4 Data Localisation
60(1)
8.5 Consent
61(8)
Australia
62(1)
The European Union
63(2)
China
65(2)
The United States
67(1)
Overview
68(1)
8.6 Controller -- Processor
69(4)
8.7 Data Portability
73(4)
Australia
73(1)
European Union
74(1)
China
75(1)
United States
76(1)
Overview
76(1)
8.8 Conclusion
77(5)
9 Artificial Intelligence and Insolvency
82(31)
9.1 Introduction
82(5)
9.2 Predicting Financial Stress -- Insolvency
87(3)
9.3 Artificial Intelligence -- Restructuring
90(3)
9.4 Artificial Intelligence (AI) and Law
93(5)
9.5 Regulating Artificial Intelligence
98(4)
9.5.1 Defining Artificial Intelligence
99(3)
9.6 Applying Artificial Intelligence in Law
102(8)
Managing Financial Risks through AI
104(3)
AI Going Forward
107(3)
9.7 Conclusion
110(3)
10 Internationalisation of Commercial Law and Pathway Forward
113(39)
10.1 Introduction
114(5)
10.2 Culture, Legal Culture, Legal Tradition
119(2)
10.3 The Rule of Law
121(2)
10.4 Obstacles to Further Internationalising Commercial Law
123(5)
10.5 Bilateralism and Multilateralism
128(2)
10.6 Transparency -- A Concept that Supports the Internationalisation of Commercial Law
130(2)
10.7 International Organisations
132(5)
10.8 Pathway Forward and Conclusion
137(8)
10.8.1 Cross-Border Insolvency
138(1)
10.8.2 Schemes of Arrangement (SA)
138(1)
10.8.3 Utters of Comfort (LC)
139(1)
10.8.4 Mergers, Acquisitions -- Foreign Investment
140(2)
10.8.5 Netting Provisions
142(1)
10.8.6 Technology - Personal Data
143(2)
10.9 Concluding Remarks
145(7)
10.9.1 Diagram -- A Tlieory of Action
147(5)
Appendix One ISDA Master Agreements
152(16)
1987 ISDA Master Agreement
153(1)
1992 ISDA Master Agreement (United States)
154(1)
2002 ISDA Master Agreement (United States)
155(5)
2001 ISDA Cross-Agreement Bridge
160(1)
2002 ISDA Energy Agreement Bridge
160(1)
Enforceability
160(1)
Force
161(4)
Arbitration
165(1)
Technology
166(2)
Index 168
Leon Trakman is UNSW Emeritus Professor and Former Dean of Law at the University New South Wales in Sydney, Australia. He has held professorial appointments in the United States, at Wisconsin, University of California (Davis) and Tulane; in Canada at McGill and Dalhousie; and in Australia at UNSW. He is author of ten books and over 150 journal articles including on topics that are addressed in this book. A barrister and international commercial arbitrator, he serves on international commercial arbitration panels of global arbitration centres. A panellist under the NAFTA, he was regularly appointed by the US, Canadian and Mexican Governments to resolve trade and investment disputes. He currently serves on the Remedies Panel of the United States Mexico Canada Agreement (USMCA). He holds both Master and Doctorate degrees from Harvard University.

Robert Walters, Lecturer, Victoria University, Melbourne, Australia. Dr. Walters is also Adjunct Professor of Law, European Faculty of Law, New University, Slovenia, Europe, and admitted to practice law in Australia. Robert is a qualified International Arbitrator. He is a member of ASEAN Law Association Singapore, Asia Pacific Scholar (Privacy/Data Protection) Network. His work on cross-border data flows in the new digital economy has been recognised globally, and in 2021 he was engaged by the British Government to undertake a project on determining data adequacy across commonwealth countries. Dr. Walters specialises in transnational commercial and private law (data protection, cyber security, artificial intelligence, trade, finance and investment including cross-border insolvency, contracts and arbitration).