Feature
550
Go to page
of
55
The “purview” principle in an era of rising interest rates
In this article, barrister Marcus Mander considers the application of the “purview” principle in an era of rising interest rates, highlighting a few potential complexities.
19 March 2024Contributory negligence defences to claims against financial institutions
Statute law, common law and equity provide a variety of protections and remedies to customers of financial institutions. This article, though, examines the not uncommon situation where there is a legitimate sense that the customer may to some extent have been the author of his or her own misfortunes.
19 March 2024Regulating financial innovation: starting from scratch
In this article Julian Roberts considers the benefits of going back to basics when regulating and litigating financial innovation.
18 March 2024The Nine Cloud Dream: an introduction to the UK’s new oversight regime for critical third parties
In this article, the authors provide an overview of the new oversight regime for critical third parties and offer some reflections on the potential implications of this regime.
18 March 2024The Electronic Trade Documents Act 2023: the key to the future?
Innovation is evidence of how trade and trade finance are developing in the international markets with the use of electronic platforms and technology which is constantly changing and improving. Internationally, the law, generally, has been trailing behind commerce and applications for trade. The coming into force of the Electronic Trade Documents Act 2023 (the Act) on 20 September 2023 is the key to legal recognition for certain electronic trade documents under English law. The Act, which is a very short piece of legislation, gives certain documents used in trade and trade finance the same legal status and protection as the equivalent documents in paper form. This article looks at some areas of the Act and the effect of the Act in the context of trade and trade finance.
18 March 2024The Draft Secured Transactions Code: its main features and lessons learnt
In this article, Richard Calnan discusses the purpose and scope of the Secured Transactions Code.
18 March 2024Investor duties and sustainability: the turn towards tackling sustainability challenges
In this article, David Rouch considers growing attention among investors to the question of whether they are legally required or permitted to take steps to tackle humanity’s core sustainability challenges. He outlines some of the circumstances in which they may, potential challenges in doing so and how they can be approached. The article is based on analysis undertaken across 11 jurisdictions, including the major investment hubs, which resulted in a report on the subject for the UNEP Finance Initiative, PRI and The Generation Foundation, published by Freshfields Bruckhaus Deringer in 2021: A Legal Framework For Impact: Sustainability Impact In Investor Decision-making.
18 March 2024The Digital Securities Sandbox
The author considers the UK’s proposed sandbox for financial market infrastructures.
18 March 2024In sync across borders: embracing parallel processes for successful restructurings
This article examines the legal and commercial rationale behind the adoption of parallel restructuring processes, focusing on recent precedents in England and Hong Kong. It then considers criticisms of parallel proceedings, and whether and when alternative mechanisms may achieve comparable results.
18 March 2024The Bankruptcy Event of Default under ISDA: Part 2
In the second of this two-part article the author concludes the analysis of the Bankruptcy Event of Default definition under ISDA and real-life case studies as to when its interpretation has been problematic. This article is taken from the author’s forthcoming book Close-outs: The Law and Market Practice of OTC derivative terminations which is due to be published by LexisNexis in 2024. Part 1 was published in the February 2024 edition of JIBFL ((2024) 2 JIBFL 86).
18 March 2024
Go to page
of
55
