Court-Supervised Restructuring of Large Distressed Companies in Asia

Meticulously researched, well presented, and thoroughly referenced, this book represents a major contribution to insolvency scholarship. It will also be valuable to those with a more general interest in corporate restructuring laws as well as insolvency laws in Asia. The methodology will be of interest to comparative law scholars in Asia, the UK, and the US, not only to those with an interest in insolvency law. The book is an extremely valuable addition to the Hart Series on Contemporary Studies in Corporate Law. --Jingchen Zhao, Nottingham Trent University, International Insolvency Review This book plugs a significant gap in the literature concerning restructuring and insolvency law and policy in Asia and will be a valuable resource for academics, practitioners, and those who engage in policy formulation and law reform. --Andrew Godwin, University of Melbourne, The Chinese Journal of Comparative Law In this excellent new book Professor Wan critically analyses the development of corporate restructuring law in four Asian jurisdictions: Hong Kong, Singapore, Mainland China, and India. Her controlling argument is that all of these jurisdictions have borrowed ideas from corporate restructuring law in the US and the UK, but that the organisational and institutional environment is very different in each of them so that adaptations are necessary for the legal transplants to flourish in their new soil. The book makes a highly significant contribution to the literature ... What emerges is a fascinating, readable, rigorous, and highly compelling piece of research. --Sarah Paterson, Professor of Law, London School of Economics and Political Science, UK Professor Wan's new book provides a fascinating deep dive into the insolvency regimes of China, Hong Kong, India, and Singapore. Professor Wan traces the evolution of each regime and highlights the influence that American and English systems had on that evolution. In doing so, she develops a new framework for measuring the success of restructuring laws and persuasively challenges the idea that American and English principles of restructuring can simply be transplanted to any jurisdiction regardless of local institutions and laws. This book is a must read for anyone interested in the law of corporate restructuring or comparative law more generally. --Anthony J Casey, Donald M Ephraim Professor of Law and Economics, University of Chicago, USA In this masterful monograph, Professor Wai Yee Wan combines economic analysis with detailed institutional knowledge to assess the application of American- and British-style business reorganization law to the economies and legal environments of Mainland China, Hong Kong, India, and Singapore. Her book is rich in comparative information on these four Asian legal regimes, and she offers insightful conclusions and persuasive recommendations. Of particular importance is her original analysis of the challenges of the employment of an Anglo-American reorganization model in jurisdictions whose businesses are, as contrasted with those in the US and UK, characterized by concentrated share holdings. --Richard Squire, Professor of Law & Alpin J Cameron Chair in Law, Fordham Law School, USA This book presents a theoretically rich and intellectually stimulating account of corporate restructuring in Hong Kong, Singapore, India and Mainland China. The corporate insolvency regimes of these jurisdictions have all been influenced to differing degrees by Anglo-American models. Wan interrogates the appropriateness of this in the very different economic and social context of business practice in these four Asian economies. Through careful examination of relevant law and the use of empirical data, she identifies a number of key differences that pull towards the need for these jurisdictions to consider their own policy imperatives and possible reforms. --Sally Wheeler OBE, Robert Garran Professor of Law, Australian National University, Australia