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Results: 1-10 of 39

Rubin: enforcement of US judgments in England

  • Morgan Lewis & Bockius LLP
  • -
  • United Kingdom, USA
  • -
  • May 8 2013

On 24 October 2012, the UK Supreme Court issued a judgment in the case of Rubin v Eurofinance SA, reaffirming the English common law principles

English Court of Appeal interprets the ISDA Master Agreement

  • Cadwalader Wickersham & Taft LLP
  • -
  • United Kingdom, USA
  • -
  • April 12 2012

Last week the Court of Appeal of England and Wales handed down its decision in four appeals which raise a number of questions of construction in relation to derivatives in the form of interest rate swaps and forward freight agreements documented under the International Swaps and Derivatives Association Inc. Master Agreement

EuroResource--deals and debt

  • Jones Day
  • -
  • Argentina, Cyprus, France, United Kingdom, USA
  • -
  • April 29 2013

On 29 March 2013, the Republic of Argentina proposed an alternative payment formula to the U.S. Court of Appeals for the Second Circuit that, if

Section 2(a)(iii) of the ISDA Master Agreement, similar clauses and insolvency

  • Reed Smith LLP
  • -
  • United Kingdom, USA
  • -
  • November 11 2010

There have been so many articles written and opinions expressed on the spate of cases on the effect of how netting provisions in over-the-counter ("OTC") derivative contracts work when a counterparty becomes in default, that you would be forgiven for being confused about the current position

UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom, USA
  • -
  • November 1 2012

In Rubin v Eurofinance SA 2012 UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and held that the English court would not enforce a judgment made by the New York court in insolvency proceedings to which the defendant did not submit

International regulatory update 10-14 December 2012

  • Clifford Chance LLP
  • -
  • European Union, Germany, Hong Kong, Italy, Spain, United Kingdom, USA
  • -
  • December 17 2012

The European Council (Heads of State or Government) has published the conclusions from its meeting on 13 and 14 December 2012, at which it agreed on a roadmap for the completion of the Economic and Monetary Union

The anti-deprivation principle and an Atlantic divide

  • McDermott Will & Emery
  • -
  • United Kingdom, USA
  • -
  • September 23 2009

Structured finance transactions frequently subordinate a swap counterparty’s rights to termination payments upon termination of a swap by reason of counterparty default

Lehman Brothers insolvency proceedings in the US, UK and Japan

  • Edwards Wildman Palmer LLP
  • -
  • Japan, United Kingdom, USA
  • -
  • September 16 2008

Lehman Brothers Holdings Inc. (“Lehman Holdings”), the holding company for the fourth-largest United States investment bank, filed for protection under Chapter 11 of the United States Bankruptcy Code on September 15, 2008, marking the largest US bankruptcy filing in history

BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

UK Supreme Court upholds “flip” clauses

  • Orrick Herrington & Sutcliffe LLP
  • -
  • United Kingdom, USA
  • -
  • August 9 2011

Structured finance transaction documents have typically included subordination provisions in their post-default waterfalls, effectively changing a swap counterparty’s right to get paid from above that of the noteholders to below that of the noteholders

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