Forum for Asian Insolvency Reform (FAIR)

The Forum for Asian Insolvency Reform (FAIR) is an organization committed to bringing stakeholders together to discuss insolvency reform in Asia. As the economies in Asian countries grow in global prominence, it becomes increasingly important that they create insolvency regimes that provide creditors with sufficient protection to encourage the lending of capital.

Background

Insolvency reform became a prominent policy topic for many Asian economies during and following the Asian financial and economic crisis of the late 1990s. The crisis and other economic factors rendered many corporations insolvent. At this time, the absence of effective, predictable and orderly ways to deal with insolvency was for the first time heavily felt by governments, corporations and creditors. Corporate restructuring and reorganization was necessary on a large scale, but the procedures in place at that time were ineffective and lacking. The existing insolvency procedures also hindered an inflow of necessary investments because creditors, having witnessed the crisis and the lack of proper creditor protection in these jurisdictions, were unforthcoming with new capital.

Against this backdrop rose FAIR. FAIR was created by the Organisation of Economic Co-operation and Development (OECD), the Asia-Pacific Economic Cooperation forum (APEC), the World Bank Group and the Asian Development Bank (ADB), with the support of the public and private sector experts who attended the preceding meeting on Insolvency Systems in Asia: An Efficiency Perspective, organized in Sydney, Australia, in November 1999 by the OECD, the World Bank, the Australian Treasury, the Australian Agency for International Development (AusAID), and APEC.

Objectives

FAIR contributes to the betterment of insolvency regimes in Asia. In particular, it is committed to:

• Assisting in the development of insolvency regimes that fit local legal systems, cultures, and practices;
• Developing policies and supporting policy makers;
• Working with and educating stakeholder groups like the judiciary, regulators, practitioners, and lenders;
• Monitoring and evaluating policies and reforms as they are implemented;
• Identifying areas of interest relevant to policy makers; and,
• Assisting countries in identifying necessary technical assistance needs.

FAIR Stakeholder Meetings

On a regular basis, FAIR brings together professionals to discuss and explore policy, new developments, and research that can contribute to improving insolvency and restructuring regimes in Asia. The themes of each meeting vary. The next meeting takes place in November 2016 in Hanoi, Vietnam, and will explore how insolvency regimes contribute to financial sector stability and the protection of creditor rights.

Information from previous meetings can be found on the OECD’s website.

Additional Information

• “Asian Insolvency Systems: Closing the Implementation Gap” (2007, OECD) highlights the effectiveness of insolvency regime reform in Asia and other areas that continue to require development. This was published following the 2006 Beijing FAIR meeting.
• “Credit Risk and Credit Access in Asia” (2006, OECD) presents reports from Asian countries detailing trends and developments in debt and credit risk since the Asian financial crisis of the 1990s.
• “Maximising Value of Non-Performing Assets” (2004, OECD) provides a comparative analysis and discussion on non-performing assets. It was published following the 2003 Seoul meeting.
•  “Informal Workouts, Restructuring and the Future of Asian Insolvency Reform” (2003, OECD) provides an overview of country-specific insolvency reforms, an analysis of workouts, and non-performing loan sales. It was published following the 2002 Bangkok meeting.
• “Insolvency Systems in Asia” (2001, OECD) surveys the insolvency systems in six Asian economies. This publication was released as supplementary material for the 1999 Sydney meeting (the conference that initiated FAIR).
•  “Resolution of Corporate Distress - Evidence From East Asia's Financial Crisis” (1999, the World Bank) examines the crucial role of insolvency legislation during Asia’s financial crisis of the 1990s.

Additional publications from individual FAIR meetings can be found on the OECD’s website.