DEVELOPING INTERNATIONAL POLICY GUIDELINES FOR MANAGING CROSS-BORDER INSOLVENCIES IN THE DIGITAL ECONOMY

DEVELOPING INTERNATIONAL POLICY GUIDELINES FOR MANAGING CROSS-BORDER INSOLVENCIES IN THE DIGITAL ECONOMY

April 2024 | Etinosa Igbinenikaro & Adefolake Olachi Adewusi
The rapid growth of the digital economy has introduced new complexities and challenges, particularly in managing cross-border insolvencies. Traditional bankruptcy laws struggle to address the intricacies of digital insolvencies, such as jurisdictional conflicts, the treatment of digital assets, and coordination among diverse stakeholders. This review highlights the need for developing international policy guidelines to manage these insolvencies effectively. The proposed guidelines aim to harmonize laws and regulations, establish frameworks for recognizing and enforcing foreign insolvency proceedings, protect digital assets, and enhance cooperation among jurisdictions and stakeholders. Implementation strategies include capacity building, dispute resolution mechanisms, and ongoing monitoring and evaluation. Case studies of successful cross-border insolvency resolutions, such as the Mt. Gox, Nortel Networks, and Lehman Brothers cases, provide valuable insights for policy development. The article concludes by emphasizing the importance of international cooperation, legal certainty, and technological solutions to promote economic stability and the integrity of the global financial system.The rapid growth of the digital economy has introduced new complexities and challenges, particularly in managing cross-border insolvencies. Traditional bankruptcy laws struggle to address the intricacies of digital insolvencies, such as jurisdictional conflicts, the treatment of digital assets, and coordination among diverse stakeholders. This review highlights the need for developing international policy guidelines to manage these insolvencies effectively. The proposed guidelines aim to harmonize laws and regulations, establish frameworks for recognizing and enforcing foreign insolvency proceedings, protect digital assets, and enhance cooperation among jurisdictions and stakeholders. Implementation strategies include capacity building, dispute resolution mechanisms, and ongoing monitoring and evaluation. Case studies of successful cross-border insolvency resolutions, such as the Mt. Gox, Nortel Networks, and Lehman Brothers cases, provide valuable insights for policy development. The article concludes by emphasizing the importance of international cooperation, legal certainty, and technological solutions to promote economic stability and the integrity of the global financial system.
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Understanding DEVELOPING INTERNATIONAL POLICY GUIDELINES FOR MANAGING CROSS-BORDER INSOLVENCIES IN THE DIGITAL ECONOMY