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The latest swaps litigation: the English High Court rules that the Bank of Scotland was entitled to exclude obligations by express agreement and the parties are bound by their agreement that there was no advisory relationship
  • Mayer Brown
  • United Kingdom
  • January 21 2018

The latest swaps mis-selling decision was handed down on 5 December 2017 in Marz Limited v Bank of Scotland Plc (2017). The High Court was required


To cooperate or not to cooperate, this is the question
  • Deacons
  • Hong Kong
  • January 18 2018

In December 2017, the Securities and Futures Commission (SFC) published an updated “Guidance Note on Cooperation with the SFC” replacing the previous


Virtual Currency -- NFA Reporting Requirements and CFTC Proposed Interpretation of “Actual Delivery”
  • K&L Gates
  • USA
  • January 17 2018

National Futures Association(NFA) is requiring that member commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) immediately


SEC Adopts Final Rule Relating to Security-Based Swap Communications
  • Sullivan & Cromwell LLP
  • USA
  • January 17 2018

On January 5, 2018, the Securities and Exchange Commission adopted Rule 135d (the “Final Rule”) under the Securities Act of 1933 (the “Securities


CSA: EU Trading Venues with Canadian Participants Subject to Canadian Rules (Unless Exempt)
  • Stikeman Elliott LLP
  • USA, Canada, European Union
  • January 17 2018

The Canadian Securities Administrators (CSA) have issued a Staff Notice cautioning foreign trading venues that offer access to Canadian participants


What can we learn from the second half of 2017
  • Dentons
  • United Kingdom
  • January 16 2018

Cases which consider the construction and use of standard form financial agreements almost always deserve reading. Most


Court of Appeal upholds consistent interpretation of ISDA Master Agreement
  • Dentons
  • United Kingdom
  • January 16 2018

Dexia was appointed as Prato's adviser in relation to debt restructuring and interest rate swaps in 2002. In November 2002, Dexia and Prato entered


Meaning of financial institution and right of a party already in default under an ISDA Master Agreement to terminate for the default of the other party
  • Dentons
  • United Kingdom
  • January 16 2018

This claim was brought by the joint administrators of Olympia Securities Commercial Plc (the Company), a property developer. The dispute, however, was


Application and rejection of the "Braganza Duty" in case of "classic abusive trading"
  • Dentons
  • United Kingdom
  • January 16 2018

In this case, the court considered whether the defendant's decision to revoke trades placed by the claimant was an exercise of a contractual


Publication of Second Edition of Central Bank Investment Firms Regulations
  • Dillon Eustace
  • Ireland
  • January 16 2018

As readers will be aware from previous briefings, in March of last year the Central Bank published the Central Bank (Supervision and Enforcement) Act