Reinventing Insolvency Law in Emerging Economies

This book explores how and why insolvency law in emerging economies needs to be reinvented.

Aurelio Gurrea-Martínez (Author)

9781009431712, Cambridge University Press

Hardback, published 13 June 2024

340 pages
23.7 x 16.1 x 2.6 cm, 0.65 kg

'As economies emerge out of the Covid-19 pandemic and simultaneously deal with the post-pandemic economic uncertainties, the need for efficient mechanisms for resolving financial distress is a policy priority. Although the book focuses on emerging economies, it clearly articulates key aspects of insolvency law that cut across all jurisdictions including the objectives, frameworks and institutions for resolving financial distress, as well as common challenges, such as stigma, costly and inefficient resolution processes. A key message of the book is that the common elements do not justify a 'one size fits all' approach as evidenced by the simplistic transplantation of insolvency and restructuring procedures. The book presents key policy considerations for redesigning insolvency systems including considering alternatives to formal resolution processes.' Winifred Tarinyeba Kiryabwire, Associate Professor, School of Law, Makerere University, Uganda

This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.

Part I. Foundations: 1. Insolvency Law as a catalyst for growth
Part II. Features and Challenges of Insolvency Law in Emerging Economies: 2. Market and institutional environment in emerging economies
3. Insolvency systems around the world
Part III. Towards a New Insolvency Framework in Emerging Economies: 4. Promotion of workouts and hybrid procedures
5. Rethinking directors' duties in the zone of insolvency in emerging economies
6. Implementation of a simplified insolvency framework for micro and small enterprises
7. Tweaking ordinary insolvency proceedings
8. Favoring the choice of insolvency forum
Part IV. The Future of Insolvency Law: 9. Reinventing insolvency law beyond emerging economies
Glossary of terms
Index.

Subject Areas: Company, commercial & competition law [LNC]