Chinese cross-border insolvencies: current issues and future developments

✍ Scribed by Jingxia Shi

• Publisher: John Wiley and Sons
• Year: 2001
• Tongue: English
• Weight: 257 KB
• Volume: 10
• Category: Article
• ISSN: 1180-0518
• DOI: 10.1002/iir.79

✦ Synopsis

Abstract

This article deals with several problems pertaining to cross‐border insolvency, an important but ignored area in China. In this article, the current status of Chinese bankruptcy laws has been firstly addressed, with a focus on its legal blank on cross‐border insolvency and unsatisfactory judicial practice. Thereafter, the influential Guargdong International Trust and Investment company case has been analysed, which further highlights the inadequacy of Chinese bankruptcy legislation and crying needs for its reform. Basing on the essential principles embodied in the United Nations Commission on International Trade Law Model Law and European Union Regulation, the gaps between Chinese bankruptcy laws and international practice have been made clear. Accordingly, the developments of Chinese cross‐border insolvency have been proposed in order to provide helpful references for the future legislation. Copyright © 2001 John Wiley & Sons, Ltd.