Chinese cross‐border insolvency laws: Recent developments and international implications

Abstract

The present Chinese insolvency law is under the process of legislative reform, and one focus point among legislators and academics is cross‐border issues. China is slowly opening up its market to foreign insolvency proceedings, as demonstrated by the 2021 Chinese Mainland‐Hong Kong cross‐border insolvency cooperation mechanism. This first attempt, however, is only available in three trial cities in the Mainland and does not apply to jurisdictions other than Hong Kong. Nevertheless, it does not undermine the intention of the Mainland to advance its cross‐border insolvency framework. Based on a thorough examination of Chinese legislation and judicial practices, this article submits that China would be willing to accept international standards and be a more active player in international insolvencies.