Memorandum on enforceability of close-out netting in China

With the Chinese Supreme Court’s interpretation of the Enterprise Bankruptcy Law regarding insolvency set ‎off right issued in 2013, China has made great progress toward becoming a netting enforceable jurisdiction. To assist with the analysis of China’s current legal framework and to help with the understanding of what shortfalls to legal certainty still remain, ISDA has commissioned an external counsel to provide an updated netting analysis which is now posted under Legal & Documentation/Opinions section.  Member log-in is required:

For more information, please contact: Keith Noyes – / Jing Gu – at ISDA Hong Kong office.

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