The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps 1st Edition

The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780198782896,0198782896,9780191085734, 0191085731

Product details:

• ISBN-10: 0191085731
• ISBN-13: 9780191085734
• Author: Irit Mevorach

The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.

Table contents:

1. Modified Universalism to Date

2. The Debiasing Role of the Cross-Border Insolvency System

3. Modified Universalism as Customary International Law

4. Instrument Choice and Design

5. A Normative Framework for Promoting Compliance

6. Assessment of International Instruments

7. Conclusion: The Future of Cross-Border Insolvency

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