Conceptualising Upcoming Chinese Bank Insolvency Law: Cross‐Border Issues

Int Insolv Rev. 2019;1–19.

19 Pages Posted: 29 May 2019

See all articles by Shuai Guo

Shuai Guo

Leiden University, Leiden Law School

Date Written: March 11, 2019

Abstract

This paper examines the cross‐border effectiveness of bank resolution measures in the context of current and soon‐to‐be revised Chinese bank insolvency legislation, that is, the Bank Resolution Regulation. The general framework is regulated in the Chinese Enterprise Bankruptcy Law. With regard to the outgoing effects of Chinese bank resolution measures, the ultimate decision is in the hands of China's counterparts. However, it is proposed that the contractual approach could be a solution to enhance legal certainty. On the other hand, the incoming effectiveness of foreign resolution measures has to be firstly recognised in China. Three major tests in terms of recognition and enforcement are international agreement, reciprocity, and public policy exception. These criteria should be interpreted against the background of emerging international regime for bank resolution and latest development in the Chinese legal community.

Suggested Citation

Guo, Shuai, Conceptualising Upcoming Chinese Bank Insolvency Law: Cross‐Border Issues (March 11, 2019). Int Insolv Rev. 2019;1–19.. Available at SSRN: https://ssrn.com/abstract=3352104

Shuai Guo (Contact Author)

Leiden University, Leiden Law School ( email )

Leiden
Netherlands

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