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International regulatory update 18-29 April 2011

Clifford Chance LLP
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Global, Hong Kong, India, Japan, Switzerland, United Arab Emirates, United Kingdom, USA
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May 3 2011

The Financial Stability Board (FSB) has published a progress report on the implementation of OTC derivatives market reforms

Claims against banks: the facts win again

Clifford Chance LLP
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United Kingdom
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March 14 2011

Facts usually determine the outcome of litigation

Swaps trading prohibitions and sales compliance

Clifford Chance LLP
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USA
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May 3 2011

The Dodd-Frank Amendments to the CEA imposes a regulated central markets system to swaps (with certain exceptions

CFTC's proposal to repeal or restrict exemptions from commodity pool operator and commodity trading advisor regulation

Clifford Chance LLP
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USA
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May 5 2011

The Commodity Futures Trading Commission (the "CFTC") has proposed rules that would remove the exemptions that many US fund managers and non-US fund managers of US funds currently rely on to avoid the need to register as commodity pool operators ("CPOs") and commodity trading advisors ("CTAs") in the United States

International regulatory update 2-6 May 2011

Clifford Chance LLP
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Bahrain, European Union, Germany, Hong Kong, India, Netherlands, Switzerland, United Kingdom, USA
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May 9 2011

The US Treasury Department has published a Notice of Proposed Determination exempting FX swaps and forwards from the central clearing and exchange trading requirements imposed by the Dodd-Frank Act

CBRC further revises the banking derivatives rules

Clifford Chance LLP
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China
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February 1 2011

On 5 January 2011 the China Banking Regulatory Commission (CBRC) published the revised Measures on the Administration of Derivatives Transactions by Banking Financial Institutions (Revised Derivatives Measures), which became effective on the same day

Claims against banks: another factual triumph

Clifford Chance LLP
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United Kingdom
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March 24 2011

The banking industry's run of success in defeating misselling claims brought by customers in the English courts continued in Bank Leumi (UK) plc v Wachner 2011 EWHC 656 (Comm

New information and disclosure requirements for banks in relation to spread ladder swaps - March 2011

Clifford Chance LLP
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Germany
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March 28 2011

Germany's highest court in civil matters, the Bundesgerichtshof ("BGH") decided on information and disclosure requirements for banks when selling a specific type of structured products, spread ladder swaps, to their customers

Update: new information and disclosure requirements for banks in relation to spread ladder swaps - May 2011

Clifford Chance LLP
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Germany
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May 19 2011

Over the last years, German courts had to decide in a number of cases on disclosure and information requirements for a bank entering into structured swap transactions with German municipalities as well as corporate and private customers

An introduction to the US cleared swap infrastructure

Clifford Chance LLP
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USA
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June 15 2011

In September 2009, the leaders of the G-20 stated that "All standardized OTC derivatives contracts should be traded on exchanges or electronic trading platforms, where appropriate, and cleared through central counterparties by end-2012 at the latest."

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