Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    ISDA Master Agreement: When does an event of default cease to be 'continuing', and what is an 'arrangement'?
    2022-10-28

    The 11 October 50-page judgment of Hildyard J in The joint administrators of Lehman Brothers International (Europe) v FR Acquisitions Corporation (Europe) and JFB Firth Rixson will interest not only those who deal with ISDA Master Agreements (who may want to read the entire judgment), but also many lawyers and financial and commercial institutions. This is because the events of default which it had to consider, and especially the meaning of the word “continuing” in this context, are relevant to bonds, loans and various commercial contracts.

    Filed under:
    United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, DLA Piper, International Swaps and Derivatives Association
    Authors:
    Mark Daley , Peter Manley
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Kazakhstan: Legislation amended to protect close-out netting
    2022-09-23

    In brief

    This summer Kazakhstan has passed the latest set of amendments1 to certain laws on netting for derivative contracts and other qualified financial contracts ("Netting Amendments"), including the following:

    Filed under:
    Kazakhstan, Derivatives, Insolvency & Restructuring, Baker McKenzie, Insolvency, International Swaps and Derivatives Association
    Authors:
    Azamat A. Kuatbekov , Alexander Korchagin , Dina Bayadilova
    Location:
    Kazakhstan
    Firm:
    Baker McKenzie
    Close-out netting and set-off provisions for BVI, Cayman Islands, Guernsey, Jersey and Luxembourg counterparties
    2022-05-17

    Introduction

    The current geo-political climate is contributing to the rapid rise to inflation rates in many countries around the world. Governments have reacted with an inevitable increase to interest rates to try and offer some form of counterbalance to rising costs in an effort to stymy localised, and more widespread, economic recessions.

    Filed under:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg, Derivatives, Insolvency & Restructuring, Ogier, International Swaps and Derivatives Association
    Authors:
    Christian Burns-Di Lauro , Mark Santangeli , Chris Wall , Christopher Jones , Paul Chanter , Anthony Oakes , Bruce MacNeil , Jad Nader
    Location:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg
    Firm:
    Ogier
    COVID-19: Crisis Management for End-Users of Swaps and Repos: Key Issues in Responding to Margin Calls and Early Termination Notices
    2020-04-21

    Counterparties to swap and repurchase transactions have come under pressure following the financial dislocations caused by the novel coronavirus pandemic in 2020 (“COVID-19”). Falling and illiquid markets may result in margin calls that create immediate liquidity risk and may lead to an event of default if required margin is not posted in accordance with the contract.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, K&L Gates LLP, Force majeure, Coronavirus, International Swaps and Derivatives Association
    Authors:
    Barry B. Cosgrave , Robert T. Honeywell , Brian D. Koosed , Anthony R.G. Nolan
    Location:
    USA
    Firm:
    K&L Gates LLP
    Close-out netting and set-off provisions for BVI, Cayman Islands, Guernsey, Jersey and Luxembourg counterparties
    2013-11-05

    Introduction

    Filed under:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg, Derivatives, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Swap (finance), Limited partnership, Liquidation, International Swaps and Derivatives Association
    Authors:
    Bruce MacNeil
    Location:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg
    Firm:
    Ogier
    Reflections on the Metavante decision and the ISDA Master Agreement: the British Virgin Islands perspective
    2009-10-02

    On 15 September 20091 the judge responsible for the Lehman bankruptcy proceedings in the United States held that Metavante Corporation (“Metavante”) could not rely on Section 2(a)(iii) of the ISDA Master Agreement to suspend payments to Lehman Brothers Special Financing, Inc. (“LBSF”). Specifically, Judge Peck held that the safe harbour provisions in the US bankruptcy code protected a non-defaulting party’s contractual rights to liquidate, terminate or accelerate swaps and to net termination values but did not provide a basis to withhold performance under a swap if it did not terminate.

    Filed under:
    British Virgin Islands, Derivatives, Insolvency & Restructuring, Litigation, Harneys, Bankruptcy, Safe harbor (law), Swap (finance), Concession (contract), Liquidation, Default (finance), Liquidator (law), International Swaps and Derivatives Association, Lehman Brothers, Enron
    Authors:
    Colin Riegels
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Recovery and Resolution (Insurers) Act
    2018-11-28

    28 November 2018

    NautaDutilh

    Recovery and Resolution (Insurers) Act

    FCS Financial Law

    Filed under:
    European Union, Netherlands, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, NautaDutilh, European Commission, Financial Stability Board, European Insurance and Occupational Pensions Authority, International Swaps and Derivatives Association, Solvency II Directive (2009/138/EU)
    Location:
    European Union, Netherlands
    Firm:
    NautaDutilh
    Insurance Quarterly Legal and Regulatory Update - Period covered: 1 July 2018 - 30 September 2018
    2018-10-16

    Insurance Quarterly Legal and Regulatory

    Update

    Period covered: 1 July 2018 30 September 2018

    1

    Table of Contents

    Filed under:
    European Union, Ireland, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, IT & Data Protection, Dillon Eustace LLP, Whistleblower, Brexit, Market abuse, Money laundering, European Commission, European Parliament, European Insurance and Occupational Pensions Authority, International Swaps and Derivatives Association, Central Bank of Ireland, European Securities and Markets Authority, Competition and Consumer Protection Commission (Ireland), MiFID, GDPR, Solvency II Directive (2009/138/EU), Court of Justice of the European Union
    Location:
    European Union, Ireland
    Firm:
    Dillon Eustace LLP
    Financial Regulation Weekly Bulletin - 22 February 2018
    2018-02-22

    Financial Regulation Weekly Bulletin 22 February 2018 / Issue 950 Major UK and European regulatory developments of interest to banks, insurers and reinsurers, asset managers and other market participants Selected Headlines General FinTech innovation – FCA and CFTC sign cooperation arrangement 1.1 Using technology to achieve smarter regulatory reporting – FCA launches call for input 1.2 Brexit Implementation period – DExEU publishes draft text for discussion 5.1 The impact of Brexit on wholesale financial services contracts – AFME publishes FAQs 6.1 Banking and Finance Implications of FinTec

    Filed under:
    European Union, Global, United Kingdom, USA, Banking, Capital Markets, Competition & Antitrust, Derivatives, Insolvency & Restructuring, Insurance, IT & Data Protection, Public, Slaughter and May, Brexit, Asset management, Fintech, Financial Conduct Authority (UK), European Commission, UK House of Commons, Commodity Futures Trading Commission (USA), International Swaps and Derivatives Association, MiFID, GDPR, Solvency II Directive (2009/138/EU), Payment Services Directive (2015/2366/EU)
    Location:
    European Union, Global, United Kingdom, USA
    Firm:
    Slaughter and May
    Peruvian law to allow netting of swap transactions and repurchase agreements in bankruptcy proceedings
    2009-06-24

    Recent changes in Peruvian insolvency laws1 will now allow financial institutions and insurance company counterparties to close-out and net obligations under derivatives and repurchase agreements with Peruvian financial institutions or insurance companies which become subject to bankruptcy proceedings.

    Filed under:
    Peru, Derivatives, Insolvency & Restructuring, White & Case, Bankruptcy, Conflict of laws, Security (finance), Discovery, Swap (finance), Liquidation, Default (finance), Capital punishment, International Swaps and Derivatives Association
    Authors:
    Ian Cuillerier , David Barwise , Ernest (Ernie) T. Patrikis
    Location:
    Peru
    Firm:
    White & Case

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days