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Research Handbook on Cross-Border Bank Resolution

Edited by Matthias Haentjens, Professor of Financial Law and Bob Wessels, Emeritus Professor of International Insolvency Law, Leiden University, the Netherlands
Since 2008, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. Whereas much may have been achieved on regional levels, this has not been perfect, and many global challenges remain unsolved. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for cross-border bank crises with contributions from eminent experts from the US, EU, Japan and China. The topic is addressed from both economic, and legal perspectives, with a special section devoted to real-life cases.
Extent: c 448 pp
Hardback Price: $225.00 Web: $202.50
Publication Date: August 2019
ISBN: 978 1 78643 597 2
Availability: Not yet published (pre-order)
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  • Law - Academic
  • Finance and Banking Law
  • Private International Law
Since the great financial crisis, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for resolving cross-border bank crises and proposes avenues for improvement.

This cutting edge Research Handbook includes a broad range of perspectives of the regulatory and economic infrastructure of the banks themselves, third parties, and real life case studies, on both a domestic and, in particular, an international level. Chapters are authored by eminent experts in the field with contributions from the US, EU, Japan and China.

With its comprehensive and rounded analysis of cross-border bank resolution, this wide-ranging Research Handbook will be of value to academics and researchers across the globe. The practical issues and policy recommendations included will also be of benefit for policy makers within the banking sector and bankers and lawyers alike.
‘The editors have assembled an outstanding group of scholars to tackle the cutting-edge subject of international bank resolution.’
– Jay L. Westbrook, University of Texas at Austin, US
Contributors include: J.-H. Binder, A. Campbell, A. Chen, F.J. Garcimartín Alférez, S. Guo, M. Haentjens, T. Hayashi, L. Janssen, A. Jones, H. Kanda, M. Lehmann, J.C. Marques, P. Moffatt, S. Sanchez Fernández, M.A. Schillig, D. Schoenmaker, S.L. Schwarcz, L.R.F. Sciusco, J. Tegelaar, F. Verhoeven, B. Wessels











Contents:

Introduction

Part I Regulatory and economic infrastructure
1. Global solution
Michael Anderson Schillig

2. Cross-border coordination of bank resolution in the EU: all problems resolved?
Jens-Hinrich Binder

3. A macro approach to international bank resolution
Dirk Schoenmaker

Part II Bank perspective
4. Early intervention
Andrew Campbell and Paula Moffatt

5. The EU bank resolution rules and national insolvency law
Lynette Janssen

6. International insolvency law and EU bank resolution rules
Bob Wessels

7. Corporate governance of SIFI risk-taking: an international research agenda
Steven L. Schwarcz and Aleaha Jones

Part III Third party perspective
8. Resolution and contracts
Francisco J. Garcimatín Alférez and Sara Sánchez Fernández

9. Resolution and market infrastructures
Luigi R.F. Sciusco

10. Judicial protection in cross-border bank resolution
J.T. Tegelaar and M. Haentjens

11. Conflict-of-law issues
Matthias Lehmann

Part IV Case studies
12. Banco Espírito Santo
João Cunha Marques

13. Lehman Brothers Treasury
Frédéric Verhoeven

14. Cross-border bank resolution in Japan
Tomoaki Hayashi and Hideki Kanda

15. An analysis of the development of cross-border crisis management in China’s bankruptcy law and regulations
Armstrong Chen

Part V Conclusions
16. Conclusions
Matthias Haentjens, Bob Wessels and Shuai Guo

Index