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Application Analysis On The Alternative Dispute Resolution Of The Cross-Border Insolvency

Posted on:2018-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:L X ZhanFull Text:PDF
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Due to inadequate international treaties in the field of cross-border insolvency and significant variations among each country's insolvency act,it is indecent to solve such complex disputes with high cost merely rely on judicial decision.According to the background information,it is necessary to investigate the development of a pluralistic alternative dispute resolution approach,known as Alternative Dispute Resolution(hereinafter referred to as ADR),regarding cross-border insolvency.This paper based on the facts of actual cross-border insolvency cases solved by using ADR and relative documents,combined with the Model Acts of the United States along with other corresponding regulations,analyzed the validity and practice approach by using ADR method,deeply discuss the current existing ADR method's implication regarding the field of cross-border insolvency and juridical practice.Expecting to establish a pluralistic cross-border insolvency resolution mechanism centered on ADR,providing constructive references in order to guarantee the cross-border insolvency process on the right track.To start with,this paper organized the emergence and implication of the ADR concept,to clarify the connotation and extension of ADR method which is intended to be used to solve cross-border insolvency.In the mean time analyzing the difficulties occurred during the process of cross-border insolvency,summarize the necessity and advantage by using ADR to cross-border insolvency dispute resolution.Secondly,discuss the effect factors of applying ADR to cross-border insolvency.After thoroughly analyzing cross-border insolvency disputes,summarized and classified dispute types and conditions to which ADR is suitable to apply.Finally by using case analysis approach,demonstrate the detailed application and acquired outcome by using various ADR method with respect to cross-border insolvency dispute resolution,in the interest of providing referential advice concerning cross-border insolvency disputes from now on.
Keywords/Search Tags:ADR, cross-border insolvency, dispute resolution, alternative
PDF Full Text Request
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