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Regulatory changes often have unintended consequences, so we have a vital role in mitigating any possible negative impacts on the loan product, whether generally, or in relation to specific sectors such as leveraged, real estate or commodity finance.
Whilst we have made significant progress in addressing the adverse effects of regulation for our members, undoubtedly, changes in the regulatory and general legislative landscape will continue, not least arising from the regulatory response to Covid-19, as well as potential opportunities to bring about positive change.
LIBOR transition court case - English High Court implies term for reasonable alternative rate to three month USD LIBOR in preference shares
This briefing by Slaughter and May explores the October 2024 case of Standard Chartered Plc v Guaranty Nominees Limited and others. In this case, the English High Court considered the consequences for a series of preference shares of the cessation of USD LIBOR – in particular, whether a reasonable alternative rate can be implied, or whether the shares needed to be redeemed. The court held in favour of Standard Chartered, ruling that there was an implied term that dividends should be calculated using a reasonable alternative rate.
Click Read more to access a copy of Slaughter and May’s briefing paper (who acted for Standard Chartered).
LexisPSL Banking & Finance Quarterly Briefing
In this briefing, the LexisPSL Banking and Finance team looks at the case of UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30. In this case, the UK Supreme Court held that the arbitration provisions in on-demand bonds were governed by English law, despite the choice of a different country as the seat of arbitration. The decision is a useful reminder to parties to expressly stipulate which law should govern any arbitration clause in a finance document.
Developments in Ukraine: The Latest Global Sanctions and Export Controls
This briefing by Clifford Chance examines the most recent worldwide sanctions and export controls imposed on Russian nationals and organisations by the US, EU, UK, Poland, Japan, Singapore, Australia, and Ukraine. It also considers the responsive measures taken by Russia. The sanctions and responsive measures discussed are those as of 01 pm BST on 11 September 2024.
CRDVI: New licensing requirements for cross-border lending into Europe by A&O Shearman
This briefing by A&O Shearman summarises the new regime, its implications for firms providing cross-border lending into the EU and possible options for continuing lending into the EU once the Directive has been implemented.
