LLAW6286 & JDOC6286

General Course Information

1.1 Course details

Course code: LLAW6286 / JDOC6286
Course name: Cross Border Corporate Insolvency: Issues and Solutions
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: Any ONE of the following categories:

  1. Company law by whatever name called including Business Associations; or
  2. Private International Law (Conflict of Laws) or courses rooted in conflict of laws such as Corporate Conflicts (taught by Dr Maisie Ooi); or
  3. Insolvency law by whatever name called; or
  4. Cross Border Corporate Finance taught by Dr Maisie Ooi or equivalent corporate finance course; or
  5. Significant practical experience in insolvency or conflict of laws or cross border matters
Credit point value: 9 credits / 6 credits
Cap on student numbers: 30

1.2 Course description

The course seeks to provide you with an awareness and understanding of the issues that  arise with cross border corporate collapses so that you will be able to identify and deal with them, regardless of your home country and where you subsequently work.  This knowledge and skill is widely appreciated in many sectors including corporate, commercial, insolvency, banking and finance, securities and regulatory. The course is particularly useful to those who are keen on international work, whether with a law, accounting or consultancy firm, investment or commercial bank, multinational, regulator or international organisation.

This is an all-season course as it provides knowledge and skill that is sought for regardless of how the economy is doing. Expertise in cross border corporate insolvency whilst critical in bad times is also necessary in good times in the structuring of businesses and finance. The course balances theory with real life application and is taught by Dr Maisie Ooi, who studied Corporate Insolvency under Professor Sir Roy Goode and Professor Dan Prentice at the University of Oxford, and has many years of practical experience in cross border work (insolvency, finance, securities).

The course will be examined by a research paper (80%) and the presentation of the research (20%). There will be suggested research topics but you may also select your own in consultation with me (Dr Maisie Ooi, maisieooi@hku.hk).  You are allowed to work in teams and to present as a team if you so wish.  The time given for the research paper will be generous (as an indication it was 10 Dec last year).  This is to give you ample time to work on the area that is of real interest to you and which you would like to develop for your career.  I will guide you on the selection and the research.  Material for each topic will be provided on Moodle.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Maisie Ooi maisieooi@hku.hk CCT 809 Email/Zoom/f2f

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Demonstrate a good understanding of the differences in insolvency regimes and culture among jurisdictions and the problems that have arisen as a result thereof.

CLO 2 Ability to identify and critically analyse the conflicts issues arising in cross border corporate insolvency.

CLO 3 Ability to critically analyse and debate the various approaches on the treatment of these issues, and the arguments for and against each of them.

CLO 4 Ability to apply the skills and know-how acquired from the course and to propose solutions in real life situations.

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-plo/

JD – https://course.law.hku.hk/jd-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Oral presentation 17 & 24 Nov, 1 Dec 2021 20% 1, 5 1, 2, 3, 4
Research paper (individual) 9 Dec 2021 80% 1 1, 2, 3, 4
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

The course will be assessed by research paper (80%) and the oral presentation of it (20%). Topics will be suggested but students are free to select their own in consultation with the convener, Dr Maisie Ooi. Students are allowed to work in teams on overlapping research areas and to present as a team. The presentation will precede the submission of the research papers. Whilst the presentation is assessed, its main purpose is to guide you towards finalizing and submitting a good strong paper. Research papers are submitted on an individual basis.

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar: 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

  • Students will learn the course content through a series of seminars and suggested readings.
  • Students will be encouraged to actively debate issues and discuss case studies during the seminars, and to raise relevant issues of their own.
  • Students will identify particular areas for in-depth research. They may select from a list of research topics (which may be modified with the agreement of the convener) or propose their own for consideration of the convener. They will be allowed to work on the research and present and defend their research in teams. They will submit individual research papers.

Learning Resources

5.1 Resources

Reading materials: Will be posted on Moodle
Core reading list: Will be posted on Moodle
Recommended reading list: Will be posted on Moodle

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/