The International Syndicated Loan Applicable Law Studies

As the Chinese government encourages the" going out" strategy of development, Chinese banks will have more opportunities to cooperate with foreign enterprises and banks to organize International Syndicated Loan. When the Chinese banks take part in the international syndicated loans, they should not only to consider the advantages the international syndicated loans could brought to them to improve their risk management level and to lessen their credit risk, but also to consider the risk could be brought by the international syndicated loans due to the crossing of the laws of different countries. In those risks caused by different laws, we should pay more attention to the possible problems caused in choosing law. Compared with the developed countries, in the international syndicated loans, Chinese banks are far behind the development of international syndicated loans market. It is a great significance to promote the international syndicated loans in the development of Chinese banks, commercial banks and other financial institutions.Apart from the introduction and the postscript, the text of the paper, containing almost40,000Chinese characters, is divided into four chapters. The first chapter gives a comprehensive summary on the basic theory of international syndicated loans, introduces the characteristics and nature of international syndicated loan, analyzing the subject and legal relationship of the international syndicated loans.The second chapter analyses and studies the conflict of laws in the international syndicated loans, including of the contracting ability of the parties in the conflict of laws, as well as the guarantees of the International Syndicated Loan in the conflict of laws.The third chapter studies the law application problems in the international syndicated loan. This chapter analyzes the choosing of applicable law in the international syndicated loan contract, including the parties express to choose the applicable law or the parties implied selection of the applicable law. Then this chapter studies the choosing of the applicable law of the guarantee in the international syndicated loan, including the applicable law of guarantee and other credit guarantee law. Finally this chapter also discuss about what role the mandatory law plays in the international syndicated loan.The fourth chapter mainly analyzes and studies the law application problems Chinese banks may have in international syndicated loans, combining with the reality of our country, this chapter provide some suggestions on the prevention of the risks the Chinese banks may have in international syndicated loans.