Charles D. Booth

  • Professor of Law
  • Director, Institute of Asian-Pacific Business Law
  • Carlsmith Ball Faculty Scholar

Degrees

  • BA summa cum laude Yale University 1981
  • JD cum laude Harvard Law School 1984

Biography

Professor Booth returned to the faculty in January 2006 after spending 16 1/2 years at the University of Hong Kong. He teaches Asian-Pacific Insolvency Law, Second Year Seminar (with a focus on Asian-Pacific Commercial Law Topics), Secured Transactions. Corporate Reorganization, and Equitable Remedies. He is the Founding Director of the Institute of Asian-Pacific Business Law (IAPBL).

Professor Booth practiced with Cleary, Gottlieb, Steen & Hamilton in New York from 1984 to 1986, taught in the faculty at the Law School from 1986-89, and taught in the Faculty of Law at the University of Hong from 1989 to 2005 where has also served as the Director of the Asian Institute of International Financial Law (AIIFL) from 2000-2005. In Hong Kong, he was a member of the Editorial Committee of the Hong Kong Law Journal for more than a decade, a member of the Hong Kong Inland Revenue Board of Review, and a member of the Law Reform Commission of Hong Kong Sub-Committee on Debt Collection. He continues to serve as a member of the Hong Kong Deposit Protection Appeals Tribunal Panel.

Professor Booth is a leading expert on comparative and cross-border insolvency and commercial law, and is especially well known for his work on Asian law. His current research examines Hong Kong and Chinese insolvency law and reform, the role of asset management companies in China and Asia generally, and the development of insolvency and commercial law infrastructures in Asia in the aftermath of the Asian financial crisis. He publishes extensively on these topics and has authored or co-authored more than 60 publications, which have been published in eleven jurisdictions.

Professor Booth is a Fellow in the American College of Bankruptcy, a Founding Member of the International Insolvency Institute, and a member of the International Academy of Commercial and Consumer Law. He is frequently invited to speak or moderate panels at conferences organized by INSOL International, the American Bar Association, the Association of Insolvency and Restructuring Advisors, the International Bar Association, and the Inter-Pacific Bar Association.

Professor Booth is very active in law reform. He has served as a consultant on insolvency and commercial law reform projects sponsored by the World Bank, the Asian Development Bank (ADB), the International Republican Institute, and the ABA-UN Development Programme International Legal Resources Center. He headed up the insolvency portion of an ADB law reform project for Vanuatu. As part of this project, a legal draftsman and Professor Booth drafted three pieces of legislation to be considered by the Vanuatu Parliament later this year. Professor Booth was a member of the four-person team on a multi-year comparative insolvency law and commercial law enforcement project for the World Bank. Recently, Booth was appointed as a member of the World Bank Creditors’ Rights Task Force – Working Group on Insolvency of Non-Bank Financial Institutions, which met in January 2009. He was also selected by the OECD to write a policy paper analyzing the results of Asian insolvency law reforms and developments over the last decade.

Publications

Books

  • Charles D. Booth & Edward Tyler, Hong Kong Personal Insolvency Manual (2nd edition) (Hong Kong: HKICPA, 2010).
  • Jay Westbrook, Charles D. Booth, Christoph Paulus & Harry Rajak, A Global View of Business Insolvency Systems (World Bank & Kluwer/Martinius, 2010).
  • Stephen Briscoe & Charles D. Booth, Hong Kong Corporate Insolvency Manual (2nd edition) (Hong Kong: HKICPA, 2009) (370 pp.).

Articles and Book Chapters

  • Philip Smart, Charles D. Booth & Stephen Briscoe, Investigation of Insolvent Companies in Hong Kong: A Corporate Governance Crisis, 39 HONG KONG LAW JOURNAL 59-63 (2009), available at http://ssrn.com/abstract_id=1432958.
  • Andrew J. Halkyard & Charles D. Booth, In Memoriam: Philip St. John Smart, 1961-2008, 38 HONG KONG LAW JOURNAL 321-323 (2008); republished in 18 INTERNATIONAL INSOLVENCY REVIEW 1-3 (UK, 2009), available at http://ssrn.com/abstract=1552179.
  • Charles D. Booth, The 2006 PRC Enterprise Bankruptcy Law: The Wait is Finally Over, 20 SINGAPORE ACADEMY OF LAW SPECIAL ISSUE 275-315 (2008), available at http://ssrn.com/abstract_id=1547464.
  • Philip Smart, Stephen Briscoe & Charles D. Booth, Insolvent Liquidation in Hong Kong: A Crisis of Confidence, (2007) 4(5) INTERNATIONAL CORPORATE RESCUE 263-275 (UK), available at http://ssrn.com/abstract_id=1552228.
  • Douglas W. Arner, Charles D. Booth, Paul Lejot & Berry F. Hsu, Property Rights, Collateral, Creditor Rights and Insolvency in East Asia, 42 TEXAS INTERNATIONAL LAW JOURNAL 515-60 (USA, 2007), available at http://ssrn.com/abstract_id=1367537.
  • Charles D. Booth, Philip Smart & Stephen Briscoe, Chapter 12, Corporate Rescue in Hong Kong, in Rodrigo Olivares-Caminal (ed.), Expedited Debt Restructuring: An International Comparative Analysis, pp. 291-315 (The Netherlands: Wolters Kluwer, 2007).
  • Charles D. Booth, Zhang Xian Chu & Wendy Chiu, The People’s Republic of China, Chapter 18, in Collier International Business Insolvency Guide, pp. 18-1 to 18-64 (LexisNexis, 2006).
  • Douglas W. Arner, Charles D. Booth, Berry F. Hsu & Paul Lejot, Property Rights, Collateral, Creditor Rights and Financial Development, 17 EUROPEAN BUSINESS LAW REVIEW 1215-1240 (The Netherlands, 2006).
  • Charles D. Booth, Corporate Reorganization in Hong Kong: Can Provisional Liquidation Come to the Rescue? 2(2) JOURNAL OF RESTRUCTURING FINANCE 183-188 (Singapore, 2005), available at http://ssrn.com/abstract_id=1548068.
  • Charles D. Booth, Drafting Bankruptcy Laws in Socialist Market Economies: Recent Developments in China and Vietnam, 18(1) COLUMBIA JOURNAL OF ASIAN LAW 93-147 (USA, 2004), available at http://ssrn.com/abstract=1532378.
  • Philip Smart & Charles D. Booth, Cross-Border Insolvency and the Discharge of Debts, 20(4) INSOLVENCY LAW & PRACTICE 147-150 (UK, 2004), available at http://ssrn.com/abstract=1548087.
  • Charles D. Booth, Current Trends in Consumer Insolvency in Hong Kong, Chapter 9, in Johanna Niemi-Kiesilainen, Iain Ramsey &William C. Whitford (eds.), Consumer Bankruptcy in Global Perspective 187-202 (Oxford and Portland, Oregon: Hart Publishing, 2003.
  • Charles D. Booth, Securitization in Emerging Markets, Including Government Promotion of Securitization: A Comment on Hill and Arner, 12(2) DUKE JOURNAL OF COMPARATIVE & INTERNATIONAL LAW 533-536 (USA, 2002), available at http://ssrn.com/abstract=1547447.
  • Co-participant with George M. Kelakos, Saturo Murase, Arnold M. Quittner & Mark Sterling, Corporate/Debt Restructuring Roundtable: Japan, The Hong Kong SAR & the People’s Republic of China – A Roundtable Discussion, 10 AMERICAN BANKRUPTCY INSTITUTE LAW REVIEW 1-28 (2002), available at http://ssrn.com/abstract=1529824.
  • Philip Smart & Charles D. Booth, Corporate Rescue: Hong Kong Developments, 10 AMERICAN BANKRUPTCY INSTITUTE LAW REVIEW 41-45 (2002), available at http://ssrn.com/abstract=1532372.
  • Zhang Xian Chu & Charles D. Booth, Chinese Bankruptcy Law in an Emerging Market Economy: The Shenzhen Experience, 15 COLUMBIA JOURNAL OF ASIAN LAW 1-32 (USA, 2001), available at http://ssrn.com/abstract=1532376.
  • Philip Smart & Charles D. Booth, Reforming Corporate Rescue Procedures in Hong Kong, JOURNAL OF CORPORATE LAW STUDIES 485-499 (UK, Dec. 2001), available at http://ssrn.com/abstract=1547462.
  • Zhang Xian Chu & Charles D. Booth, Beijing’s Initiative on Cross-Border Insolvency: Reflections on a Recent Visit of Hong Kong Professionals to Beijing, 31 HONG KONG LAW JOURNAL 312-323 (2001); republished in 10 AMERICAN BANKRUPTCY INSTITUTE LAW REVIEW 29-39 (USA, 2002), available at http://ssrn.com/abstract=926665.
  • Philip Smart & Charles D. Booth, Provisional Supervision and Workers’ Wages: An Alternative Proposal, 31 HONG KONG LAW JOURNAL 188-199 (2001), available at http://ssrn.com/abstract=926659.
  • Charles D. Booth, Hong Kong Insolvency Law Reform: Preparing for the Next Millennium, JOURNAL OF BUSINESS LAW 126-156 (UK, 2001); available at http://iiiglobal.org/country/hongkong.html.
  • Charles D. Booth & Philip Smart, The New Avoidance Powers under Hong Kong Insolvency Law: A Move from Territoriality to Extraterritoriality, 34 INTERNATIONAL LAWYER 255-65 (USA, 2000); republished in 17(5) NATIONAL INSOLVENCY REVIEW 54-63 (Canada, Oct. 2000), available at http://ssrn.com/abstract=1547484.

    Charles D. Booth, When Government Intervenes: Winding Up Fraudulent Companies in Hong Kong, Analysis, 29 HONG KONG LAW JOURNAL 368-92 (1999); republished in 4 RECEIVERS, ADMINISTRATORS & LIQUIDATORS QUARTERLY 41-71 (UK, 2000), available at http://ssrn.com/abstract=1547455.
  • Charles D. Booth & Philip Smart, Retroactive or Prospective? Determining the Scope of Hong Kong’s New Insolvency Law, 8 INTERNATIONAL INSOLVENCY REVIEW 27-37 (UK, 1999), available at http://ssrn.com/abstract=1548077.
  • Charles D. Booth, Hong Kong Corporate Rescue Proposals: Making Secured Creditors More Secure, Analysis, 28 HONG KONG LAW JOURNAL 44-59 (1998); republished in 14(4) INSOLVENCY LAW & PRACTICE 248-55 (UK, August 1998)., available at http://ssrn.com/abstract=1547482.
  • Charles D. Booth, Leaping forward to 1997: Bankruptcy Law Reform in Hong Kong, 6 INTERNATIONAL INSOLVENCY REVIEW 183-209 (UK, 1997), available at http://ssrn.com/abstract=1548071.
  • Charles D. Booth, The Effect of 1997 on Hong Kong's Law of Transnational Corporate Insolvency, 7 AUSTRALIAN JOURNAL OF CORPORATE LAW 206-26 (1997), available at http://ssrn.com/abstract=1548073.
  • Charles D. Booth, Living in Uncertain Times: The Need to Strengthen Hong Kong Transnational Insolvency Law, 34 COLUMBIA JOURNAL OF TRANSNATIONAL LAW 389-447 (USA, 1996), available at http://ssrn.com/abstract=1532380.

    Charles D. Booth, The Transnational Aspects of Hong Kong Insolvency Law, 2 SOUTHWESTERN JOURNAL OF LAW & TRADE IN THE AMERICAS 1-80 (USA, 1995), available at http://ssrn.com/abstract=1547445.
  • Charles D. Booth, The Old Age Pension Scheme: A Tax by Any Other Name . . . , Comment, 24 HONG KONG LAW JOURNAL 319-27 (1994), available at http://ssrn.com/abstract=1547467.
  • Charles D. Booth, Recognition of Foreign Bankruptcies: An Analysis and Critique of the Inconsistent Approaches of United States Courts, 66 AMERICAN BANKRUPTCY LAW JOURNAL 135-232 (1992), available at http://ssrn.com/abstract=1532402.
  • Charles D. Booth, A History of the Transnational Aspects of United States Bankruptcy Law Prior to the Bankruptcy Reform Act of 1978, 9 BOSTON UNIVERSITY INTERNATIONAL LAW JOURNAL 1-38 (USA, 1991), available at http://ssrn.com/abstract=1529823.
  • Charles D. Booth & Donald J. Lewis, Liwan District Construction Company v. Euro-America China Property Limited, Case Digest, 6 CHINA LAW & PRACTICE 27-34 (Hong Kong, 1990), available at http://ssrn.com/abstract=1548070.
  • Charles D. Booth, The Cramdown on Secured Creditors: An Impetus Toward Settlement, 60 AMERICAN BANKRUPTCY LAW JOURNAL 69-108 (1986), available at http://ssrn.com/abstract=1532388.

 

Awards

  • Member, World Bank Creditors Rights Task Force – Working Group on Insolvency of Non-Bank Financial Institutions. Participated in workshop held in Washington, DC, from Jan. 12-13, 2009 and commented on Rapporteur’s draft report. (Jan. 2009-Present).
  • Consultant, Organisation for Economic Co-operation and Development (OECD) Conducted a review of corporate insolvency law reforms in Asia in the aftermath of the 1997 Asian financial crisis and prepared a policy paper, Asian Corporate Insolvency Reform: The Need for Continued Development of Effective Insolvency Infrastructures, to be discussed at upcoming meeting of the Forum on Asian Insolvency Reform in July 2009 (Dec. 2008-July 2009).
  • Bankruptcy and Insolvency Law Expert, Asian Development Bank. Advising the Vanuatu Financial Services Commission on personal bankruptcy and corporate insolvency law reform as part of an Institutional Legal Reforms project. Drafted a diagnostic report, preliminary recommendations, and a discussion paper, and assisted in drafting new Personal, Corporate, and Cross-Border Insolvency Acts. (Mar. 2007-March 2010).
  • Member, four-person team drafting a Comparative Survey of International Commercial Enforcement & Insolvency Practices for the World Bank (June 2001).