Hogan Lovells Corporate Insurance Newsletter June 2014 UK PRA publishes PS5/14: PRA Rulebook PRA publishes statement of policy on the financial stability information power The PRA’s approach document to insurance supervision updated PRA publishes SS7/14: Reports by skilled persons PRA publishes statement of policy on the use of PRA powers to address serious failings in the culture of firms PRA publishes its annual report and accounts 2014 FCA publishes a market study into retirement income: revised terms of reference FCA publishes FG14/6 - Annuity comparison websites: financ
SHAREHOLDERS ARBITRATION
In a historic USD 50 billion award rendered on July 18,
2014, an Arbitral Tribunal constituted pursuant to the
Energy Charter Treaty held unanimously that the Russian
Federation breached its international obligations under the
Energy Charter Treaty by destroying Yukos Oil Company
and appropriating its assets.
The Tribunal, applying the UNCITRAL Arbitration Rules and sitting in The
ague under the auspices of the Permanent Court of Arbitration ordered the
Mitigating Risk in African Investments
US – ONGOING CONSIDERATION BY NAIC OF RESERVE FINANCING, USE OF CAPTIVES, AND PRINCIPLE-BASED RESERVING
The Momentive Decisions: Cram-Down Interest Rates and Make-Whole Mania
FSA has set out its standards for “key attributes” of effective resolution regimes. The standards require each jurisdiction to:
Through the years, arbitration as a mode of dispute resolution has gained prominence because it promotes party autonomy with minimal court intervention, amongst others.
Anyone with a passing knowledge of derivatives law will be aware of the controversy created by section 2(a)(iii) of the ISDA Master Agreement.1 Differing interpretations of 2(a)(iii) have emerged in litigation in London and the United States since the collapse of Lehman Brothers. The recent judgement of the Court of Appeal in London in Lomas v. JFB Firth Rixson Inc2 brings significant clarity from the English perspective. The decision upholds the interpretation of section 2(a)(iii) favoured by the derivatives market.
Under the 2000 version of the Global Master Repurchase Agreement (the "GMRA"), a standard form agreement produced by The Bond Market Association and the International Securities Market Association, an Event of Default occurs, and all outstanding transactions under the GMRA are accelerated immediately, upon:
Government bonds were long considered a safe investment that offered the potential for high returns. However, after Argentina announced in 2002 that it would no longer service its bond debt and after Greece restructured its sovereign debt in March and December 2012, the question arises as to what investors can do to avoid the significant losses of capital (up to 70% in case of Argentina and over 80% in case of Greece) which almost always accompany sovereign debt restructurings.