Eva H.G. Hüpkes
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199660902
- eISBN:
- 9780191806902
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199660902.003.0014
- Subject:
- Law, Company and Commercial Law
This chapter explores how critical cross-border functions performed by financial institutions with complex legal structures and operations in multiple jurisdictions could be preserved in a world ...
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This chapter explores how critical cross-border functions performed by financial institutions with complex legal structures and operations in multiple jurisdictions could be preserved in a world where resolution regimes are essentially territorial in nature. It describes special resolution regimes to resolve failing financial institutions operating within their borders, and enumerates major hurdles to their application. It looks into the process of achieving an efficient and equitable cross-border solution by analysing the transnational bankruptcy law. It distinguishes three conceptual approaches to resolve conflicts: territorialism, universalism, and contractualism; and proposes the combination of these three to establish a framework for cross-border resolution.Less
This chapter explores how critical cross-border functions performed by financial institutions with complex legal structures and operations in multiple jurisdictions could be preserved in a world where resolution regimes are essentially territorial in nature. It describes special resolution regimes to resolve failing financial institutions operating within their borders, and enumerates major hurdles to their application. It looks into the process of achieving an efficient and equitable cross-border solution by analysing the transnational bankruptcy law. It distinguishes three conceptual approaches to resolve conflicts: territorialism, universalism, and contractualism; and proposes the combination of these three to establish a framework for cross-border resolution.
