Download or read book McKnight Paterson and Zakrzewski on the Law of International Finance written by Andrew McKnight and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This acclaimed and comprehensive work analyses the legal issues involved in international finance transactions operating under English law. The second edition thoroughly updates the book to take account of major developments in regulation, practice, and case law since the first edition published in 2008. The most notable development in the intervening period has been the global financial crisis of 2008-9, whose effects have profoundly changed the nature of international finance, and the new edition has been updated by a team of expert editors and contributors to reflect the post-crisis legal framework of international transactions. The new edition covers the many significant changes to Bank Regulation which have occurred since 2008. Major developments in conflicts of laws and cross-border insolvency are addressed, including the consequences of the decision in Rubin v Eurofinance. This edition also takes account of major litigation in the sovereign debt field, significant developments in the loan markets, and recent challenges with the provision of legal opinions, including the increasing need to provide opinions in cross-border transactions. Developments in financing structures in the aftermath of the financial crisis are examined. Significant litigation in the derivatives field (partly as a response to the collapse of Lehman Brothers Holdings Inc.) and amendments proposed by the International Swaps and Derivatives Association are also addressed. There is also coverage of further work on secured transactions following the Law Commission's and the City of London Law Society's Working Party's proposals. Providing detailed transaction-led analysis of all aspects of international finance practice, this work is a must-have reference source for all practitioners and academics working in the field.
Download or read book Green Shipping Contracts written by Pia Rebelo and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.
Download or read book Open Banking written by Linda Jeng and published by Oxford University Press. This book was released on 2022 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Consumers are growing more aware of the importance and value of the data they personally generate across industries and domains. Financial services is one such area where the link between one's personal data and its economic value is most clearly established, and consumers are beginning to agitate for and gain a measure of agency over their data. A study of the phenomenon of open banking provides a focused lens on the broader phenomena of data proliferation and data monetization. Thus, open banking and its related legal and economic issues along with policy ideas, such as consumer financial data rights, can serve as an interesting model for the broader policy discussion on general data rights. Open banking is a specific manifestation of the revolution of consumer technology in banking and will dramatically change not only how we bank but also the world of finance and how we interact with it. Since the United Kingdom along with the rest of the European Union adopted rules requiring banks to share customer data to improve competition in the banking sector, a wave of countries from Asia to Africa to the Americas have adopted various forms of their own open banking regimes. Among Basel Committee jurisdictions, at least fifteen jurisdictions have some form of open banking, and this number does not even include the many jurisdictions outside the Basel Committee membership with open banking activities. Although U.S. banks and market participants have been sharing customer-permissioned data for the past twenty years and there has been recent but limited policy discussions, such as the Obama administration's failed Consumer Data Privacy Bill and the Data Aggregation Principles of the Consumer Financial Protection Bureau, open banking is still a little-known concept among consumers and policymakers in the States. This book defines the concept of 'open banking' and explores key legal, policy and economic questions raised by open banking"--
Download or read book The Law of International Finance written by Andrew McKnight and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new major practitioner text provides an analysis of the legal issues that arise in, and the commercial and regulatory background of, international financing transactions. The work opens with an overview of the various methods of raising international finance set in the context of the legal and regulatory issues. The author covers ways in which a creditor may be protected against default considering security, quasi-security and guarantees. There is also a discussion of the content and structure of a loan agreement, examining each part of such an agreement in the context of the relevant legal principles. A chapter on syndicated lending follows the discussion of the loan agreement, setting out important theoretical and legal issues relevant to cases involving multi-bank financing. A substantial section of the work is given to an explanation of the conflicts of laws issues which may arise in an international transaction. In this section important aspects such as dispute resolution and sovereign/state immunity are covered in detail. The work concludes with guidance on matters relevant to specific areas of finance such as projects, derivatives and bonds and, finally, a discussion of the purpose and methods of loan transfers and securitization.
Download or read book McKnight and Zakrzewski on the Law of Loan Agreements and Syndicated Lending written by Rafal Zakrzewski and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible introduction to the law and practice relating to English law governed loan agreements and to legal issues surrounding syndicated lending. It opens with an overview setting out the key concepts and principles of contract law that are important for understanding commercial lending transactions. There follows a chapter on loan facility agreements which explores the usual contents of such agreements, and the relevant law. The chapter on syndicated lending analyses the relationships between the lenders, the arrangers and the agent, and explores the legal risks that may arise and the way in which they are conventionally addressed. The final chapter examines the legal issues regarding transfers of participations in loans.
Download or read book Corporate Reorganisation Law and Forces of Change written by Sarah Paterson and published by Oxford University Press, USA. This book was released on 2020-09-18 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a new approach to identifying and resolving corporate law's normative concerns, establishing new methodology through detailed analysis of key changes in market practice. Paterson adopts a comparative UK/US approach in analysing the process of institutional change, providing important lessons for global legal harmonisation.
Download or read book Intermediaries in Commercial Law written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.
Download or read book The Law of Financial Services Groups written by Charles H. R. Morris and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most legal text books and practitioners' guides focus on the impact of financial services law and regulation as applicable to individual legal entities: the application of such law and regulation on a group basis is often a cursory afterthought, or neglected altogether. This book reverses the balance. It is the first book to fully and systematically address how groups of businesses within the financial services sector are regulated. It starts with the company law and corporate insolvency law foundations and how they are established and formed into groups. It then builds up through prudential regulation and resolution-driven principles, focusing on such how regulations apply and operate at a consolidated group and sub-group level, to the structural responses from firms and counter-responses from legislators and regulators. This new work also considers the tensions that arise from the conflicts between authorities and legal systems on a cross-border basis, and between the formal legal system and the powers and agendas of the regulators. In its final section, the book applies the principles explored in previous sections to a wide range of transaction types. The book covers intragroup transactions, and the role that regulation plays requiring and restricting the movement of financial resources around groups. It is up-to-date as at April 2019, marking the culmination of over 10 years of intense regulatory change, addresses UK ring-fencing rules and EU and US intermediate parent undertaking requirements, and considers the impact of Brexit and the EU banking reform/risk reduction package.
Download or read book Research Handbook on Corporate Restructuring written by Omar, Paul J. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Download or read book The Law of Rescission written by Dominic O'Sullivan QC and published by Oxford University Press, USA. This book was released on 2022-11-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.
Download or read book Cryptoassets written by Chris Brummer and published by Oxford University Press. This book was released on 2019-09-12 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.
Download or read book Foundations of International Economic Law written by David Collins and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory textbook explores the key legal principles and institutions that underpin the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, Professor David Collins explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development.
Download or read book Debt Restructuring written by Rodrigo Olivares-Caminal and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new second edition of Debt Restructuring provides detailed legal analysis of international corporate, banking, and sovereign debt restructuring, from the perspective of both creditors and debtors. It sets out practical guidance to help practitioners, policy-makers and academics to understand current developments in debt restructuring, and provides solutions for creditors holding distressed debt and debtor options in a distressed scenario. The Corporate Debt section includes a number of very significant changes such as the UK Supreme Court decision in Eurosail and the disapproval of the "point of no return" test for balance sheet insolvency or the endorsement of the Cheyne Finance decision on cashflow. The changes in treatment of schemes of arrangement since with the decision in Rodenstock are reflected as are the Recast European Insolvency Regulation (EIR) and the Supreme Court decision in Rubin. In the US chapter the new edition considers the limitations on bankruptcy court jurisdiction in Stern v. Marshall and, in the RadLax case, the right of secured creditors to credit bid in a sale of their collateral under a chapter 11 plan. Other significant case law includes consideration of the various safe harbour provisions of the Bankruptcy Code relating to derivative and other financial instruments and cases concerning the effect of foreign court orders in the US. In the Bank Resolution section, the UK part also has been substantially amended to reflect the new system of macro and micro prudential oversight with the establishment of the PRA, FCA, FPC, and the FSCS. Additionally it reflects changes introduced by the Financial Services Act 2012 and by the Financial Services (Banking Reform) Act 2013. Additionally there is a new chapter in this part on the EU framework on the resolution of banks and financial institutions which analyses and explains initiatives such as SRM, and the Bank Recovery and Resolution Directive. The US chapter reflects changes in Fannie and Freddie conservatorships, the FDIC's SPE strategy under Dodd-Frank, the proposed GLAC requirements, and resolution plan filings. In the Sovereign Debt section, there is detailed coverage of the New York litigation on the pari passu litigation and its interpretation in sovereign debt contracts. Also, this section of the book analyses the adoption of single-limb CACs in the aftermath of the Greek restructuring as well as the proposal for creditor engagement clauses. It also provides full analysis of the EU architecture implemented to prevent a sovereign debt crisis, including the creation of new stabilization mechanisms (EFSF and ESM), and the challenges presented to the single-currency area.
Download or read book The European Fundamental Freedoms written by Pedro Caro de Sousa and published by . This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be looked at from both an internal legal perspective - reflected in the official discourse supporting legal decisions - and an external perspective - which is pursued by studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis. This external dimension - related to extra-legal factors that impact the law, such as the institutional environment in which the law is applied - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, and specifically EU law, than de-contextualized approaches allow for. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse and the various extra-legal and institutional factors that affect how that law is applied and develops in practice. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.
Download or read book Collier International Business Insolvency Guide written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Action Learning in Schools written by Peter Aubusson and published by Routledge. This book was released on 2012-08-21 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Teaching is becoming increasingly complex in the 21st Century, creating a need for more sophisticated frameworks to support teachers’ professional learning. Action learning is one such framework and has been used for workplace learning in business settings for many years. It is now becoming increasingly popular in school and university settings, but it is often misunderstood. This book clarifies what action learning is, linking key concepts to illustrate that it is not merely a process, but a dynamic interaction between professional learning, communities, leadership and change. The book brings together more than a decade of the authors’ research in school-based action learning. Rich and diverse, the research draws on more than 100 case studies of action learning by teams of teachers in schools. The authors: provide practical advice on how to initiate and sustain action learning; explain the interaction between action learning, teacher development, professional learning, community building, leadership and change; and illustrate how action learning can link to classroom practice so closely that it becomes part of what teachers do, rather than an added impost. Addressing the highs and lows, the successes and failures, and their underlying causes, Action Learning in Schools provides insights into theories of cooperation, innovation, leadership and community formation to inform individual projects and large-scale school improvement initiatives. It will be of interest to teacher educators, pre-service and experienced teachers alike, as well as school and education system managers and policymakers keen to enhance teacher professional learning and educational outcomes for students.
Download or read book International Handbook on Shareholders Agreements written by Sebastian Mock and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-05-07 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholders ́ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders ́ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders ́ Agreements and provides an analysis of the regulation of Shareholders ́ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders ́ Agreements and detailed information on the regulation of Shareholders ́ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions.
