Butterworths Journal of International Banking and Financial Law 2022/9

Spotlight

  • Francesco Lione: Are the times ripe for „super senior” capital structures that include term loan debt? (579)

Features

  • William Steel, Seema Shukla: Deed polls: a difficult solution to a difficult problem (582)
  • Andrew Keay: Unsecured loans and ascertaining cash flow insolvency (586)
  • Rebecca Oliver: The National Security and Investment Act 2021: secured lenders can take comfort in latest guidance but exercising voting rights remains a risk (591)
  • James Burnie, Meghan Millward, Matthew Kimber: What’s at stake? The legal treatment of staking (594)
  • Sukhvir Basran, Eoin O’Connor: ESG integration in private debt (599)
  • Hanif Virji: Capacity: is the question of hedging or speculation mis-stated? (602)
  • Joshua Crow: ISDA Definitions 2021: Calculation Agent not required to produce objectively reasonable result (604)
  • Vishal Mawkin, Peter Young, Miguel Torres Caro: Project bonds and energy transition: a proven financing solution (606)
  • Lara Panahy, Nick Lister: „There is nothing so stable as change”: is the Treasury’s proposed new special admiinstration regim for stablecoin and other systemic DSA firms a change in the right direction? (610)
  • Anthony Dearing: Base metal traders betting on the courts to enforce their trades in a disorderly market (614)
  • Meera Ragha, Diego Ballon Ossio: English law in the 21th century: does it need an update to accommodate crypto? (617)
  • David Murphy: Regualory mandates and review in the 2022 Financial Services and Markets Bill: making their own homework (619)
  • Ajay Malhotra, Ceri Morgan, Zoe Diepstraten: Interpreting ICC standardised rules in trade finance disputes: courts take an international perspective (622)

In Practice

  • Catherine Phillips: Safe harbours in lending transactions: exclusions from the requirement to register express trust (625)
  • Iain Balkwill: CMBS and its new cousin, the CRE CLO (627)
  • Christine Ezcutari, Paolo Pinna: Sustainability-linked loans: what more do you need to know? 628)

Regulars

  • Case Analysis by Hogan Lovells (630)
  • Regulation Update by Norton Rose Fulbright (634)
  • Market Movements by CMS (637)
  • Deals (639)
  • Legal Ease by Lexis PSL (640)
  • International Briefings from Finland and Switzerland (641)

Butterworths Journal of International Banking and Financial Law 2022/4

Spotlight

  • Michael Huertas: Geopolitical uncertainty: managing market shutdown risks (223)

Features

  • Sa’ad Hossain: Is your MAE/MAC clause ready for the next pandemic? (230)
  • Chee Ho Tham: Burdening assignees with arbitration agreements via “conditional benefits” (234)
  • Kathrine Meloni: The National Security and Investment Act 2021 revisited: when are secured creditors obliged to make mandatory notifications? (239)
  • Helen Pugh: Delegation not abdication: directors’ duties under scrutiny in syndicated loans (243)
  • Kelly Sporn: Sustainability/ESG ratings: does the market measure up? (245)
  • Hugh Sims, Jay Jagasia: Blu-sky thinking: the Interfoto principle and terms incorporated by reference (247)
  • Faizal Khan, Thea Gausel, Toby Mann, Deborah Neale: Transfer restrictions in leveraged lending transactions: time for a re-assessment? (251)
  • Scott Ralston: Foreign financial crises and the consumer (255)
  • Anna Lintner, Philippe Kuhn: Quincecare and the liability of receiving banks: the Canadian story (259)
  • Julia Lu, Timothy Cant, David Capps: A comparison of re-proposed SEC Rule 9j-1 and the UK/EU Market Abuse Regulation (262)
  • Chloe Bell, Christopher Whitehouse: Stablecoins as security? Never say tether (266)
  • Georgia M Quenbí: The impact of the Corporate Insolvency and Governance Act 2020 and the Finance Act 2020 on drafting Loan Documentation and Practice: update (269)
  • Rachel Sleeman, Zachary Kell: Could’ve, would’ve, should’ve: commercial fraud and the reasonably diligent claimant (272)

In Practice

  • Ying-Peng Chin: ESG: authorities’ potential enforcement action against companies (275)
  • Lu’ayy Minwer la-Rimawi: The UK’s second batch of Sukuk and the question of Shariah compliance: exclusion clauses v due diligence (276)
  • Ajay Malhotra, Tom Wyer: Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic (278)

Regulars

  • Case Analysis by 3 Verulam Buildings (280)
  • Regulation Update by Norton Rose Fulbright (284)
  • Market Movements by CMS (287)
  • Deals (289)
  • Legal Ease with LexisPSL (290)
  • International Briefing from Finland (291)