Oxford Business Law Blog

At the moment insolvency law is experiencing fundamental transformations to counter the negative economic effects caused by the outbreak of COVID-19, to support businesses and to promote their...

The outbreak of COVID-19 and the subsequent drastic governmental measures to curb the contagion have affected many businesses, small and large. It may be too early to fully grasp its consequences and...

Large scale bank bailouts can be very wasteful for society in terms of resources lost and increased public debt [1]. The doom loop means that the public cost of funding a bailout can place a serious...

Bank resolutions and specifically bail-ins are among the most complicated and contentious issues of banking law, in the EU and elsewhere.. Bearing the potential to directly affect thousands of...

‘Too big to fail’—or ‘TBTF’—is a popular metaphor for a core dysfunction of today’s financial system: the recurrent pattern of government bailouts of large, systemically important financial...

Regulators have made great progress over the past decade in designing mechanisms to deal with a failed systemically important financial institution (SIFI) in a way that avoids both a bailout and the...

Resolution planning remains the key legislative framework in Europe to resolve failing banks outside of ordinary insolvency proceedings, which are ill-suited to address the complexity of systemic...

The global financial crisis proved that banks are not the sole source of systemic risk to the financial system and the wider economy. Indeed, systemic risk emanating from non-bank financial...

In a long-awaited report to the President, the Treasury Department recommended reforming—but not repealing—the orderly liquidation authority (“OLA”) created by Title II of the Dodd-Frank Act (“Title...

The aftermath of the financial crisis revealed failures and gaps in regulatory actions. In particular, regulators have been criticized for serving special interests—not only of the banks they...

In the next month, the US Treasury Department is expected to decide whether to seek to replace the 2010 Dodd-Frank Act’s regulator-led process for resolving failed mega-banks with a solely court-...

The international financial crisis highlighted that some banks and financial institutions were ‘too big, too complex, and too interconnected to fail’. These banks, which are generally referred to as...

Japan went through a severe banking crisis in the 1990s that prompted the country to overhaul its existing framework through a number of reforms, incorporating new recovery and resolution instruments...

This post briefly reflects on the contingent capital (CoCos) issued by Deutsche Bank (DB). It argues that there is some uncertainty around when the CoCos might be triggered. It also highlights...

The first draft of the Financial Resolution and Deposit Insurance Bill (2016) ('Bill') was released by the Ministry of Finance of the Indian Government on 28th September, 2016. Along with the draft...

'Bank Resolution Regimes: What Next?' is a one-day conference that examines the new bank resolution regime under the Bank Recovery and Resolution Directive and the new requirements that banks have to...

The increasing interconnectedness between Asian financial markets suggests the need for regulatory frameworks to support regional financial stability. This need is likely to increase with the advent...