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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.
..".an impressive book...the style is straightforward...graduates studying international law or corporate finance should find much stimulating and thought provoking material here...an important reference work for students of the subject."Ã?Â?Ã?Â?--Cambridge Law JournalÃ?Â?Ã?Â?Ã?Â?Ã?Â?This student edition of Ravi Tennekoon's highly acclaimed text provides a straightforward and accessible reference work for LLM graduate students and those studying international and corporate finances. An undisputed authoritative text on the law governing money market activity, this book covers in depth the legal aspects of the principal financial and loan instruments of international finance -- in particular syndicated loans and eurobonds, along with the euro commercial paper market. Analysis of each transaction is divided into three sections: first, the book examines the financial structure and nature of a specific transaction along with the procedures required to set up the transaction; secondly, the legal framework used to operate the transaction is examined; and thirdly, the regulatory aspects of the transaction are clearly explained. With the major issues plainly illustrated by relevent case law and supported by an extensive table of cases and both UK and US statutes, this unique student text provides a blend of both the practical and theoretical aspects of its subject ensuring the student gains a valuable insight into a complex area of the law.
By explaining the principles on which the legal rules applied in common law financial transactions are based, this book covers the concepts that underpin these rules and the evolution of particular legal structures.
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.
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010
Analyses governance structures for international finance, evaluates current regulatory reforms and proposes a new governance system for global financial markets.
The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines