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    Business common sense and the interpretation of commercial contracts
    2011-11-11

    What role does business common sense play in the interpretation of commercial contracts? This issue was recently addressed by the Supreme Court of the United Kingdom in Rainy Sky S.A. v. Kookmin Bank. The answer: “where a term of a contract is open to more than one interpretation, it is generally appropriate to adopt the interpretation which is most consistent with business common sense”. Since there is currently some uncertainty in Canada on the point, Rainy Sky is an important case to consider.

    Decision

    Filed under:
    Canada, United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Shipping & Transport, McCarthy Tétrault LLP, Bond (finance), Default (finance), Court of Appeal of England & Wales, UK Supreme Court, Court of Appeal for Ontario
    Location:
    Canada, United Kingdom
    Firm:
    McCarthy Tétrault LLP
    Across the EUniverse
    2017-03-13

    February 2017 N° 19 Fondo Atlante and the future for the financial institutions Tommaso dalla Massara Some news on insolvency procedures Fabio Marelli EU Commission first draft of ePrivacy Regulation Rocco Panetta Insurance Distribution Directive Guido Foglia ACROSS THE EUNIVERSE 2 In this Issue Editorial Giovanni Moschetta, Bernard O'Connor 3 What's App in Europe 4 Bernard O'Connor The next big thing for European data protection: EU Commission publishes first draft of ePrivacy Regulation to be discussed during GDPR transition period 6 Rocco Panetta, Francesco Armaroli Critical features of

    Filed under:
    China, European Union, France, Germany, Greece, Italy, Russia, United Kingdom, Banking, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Public, Shipping & Transport, White Collar Crime, Nctm Studio Legale, European Commission, European Parliament
    Location:
    China, European Union, France, Germany, Greece, Italy, Russia, United Kingdom
    Firm:
    Nctm Studio Legale
    What will be the impact of Brexit on insolvency proceedings ?
    2016-10-05

    The consequences for cross-border insolvencies will largely depend on how Brexit is implemented, but will not affect schemes of arrangement

    Foreword

    Understanding and mastering cross-border insolvency requires a thorough knowledge of the different domestic insolvency regimes, all of which have distinctive procedures and rules on jurisdiction and recognition of foreign proceedings. Creditors and debtors look for the most favourable system: in this framework, the UK insolvency system is usually considered “creditor-focused”.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Nctm Studio Legale, Brexit
    Authors:
    Fabio Marelli
    Location:
    European Union, United Kingdom
    Firm:
    Nctm Studio Legale
    New UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-Related Judgments
    2019-02-26

    On September 18, 2018, the United Nations Commission on International Trade Law ("UNCITRAL") published its final version of the new Model Law on the Recognition and Enforcement of Insolvency-Related Judgments (the "IRJ Model Law"). The IRJ Model Law creates a framework for the recognition and enforcement of judgments in foreign bankruptcy and insolvency proceedings. It is intended to supplement and complement the 1997 UNCITRAL Model Law on Cross-Border Insolvency (the "CBI Model Law").

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL
    Authors:
    Mark G. Douglas
    Location:
    Global, United Kingdom
    Firm:
    Jones Day
    EuroResource—Deals and Debt | December 2017
    2017-12-19

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    Belgium, European Union, France, Germany, Italy, Netherlands, United Kingdom, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Jones Day, Foreign direct investment, European Commission
    Authors:
    Corinne Ball
    Location:
    Belgium, European Union, France, Germany, Italy, Netherlands, United Kingdom
    Firm:
    Jones Day
    Singapore, U.K., Delaware, and New York Courts Adopt Guidelines for Communication and Cooperation Between Courts in Cross-Border Insolvency Matters
    2017-05-31

    On February 1, 2017, the Supreme Court of Singapore and the U.S. Bankruptcy Court for the District of Delaware announced that they had formally implemented Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (the "Guidelines"). The U.S. Bankruptcy Court for the Southern District of New York adopted the Guidelines on February 17, 2017.

    Filed under:
    Singapore, United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Stakeholder (corporate), Liquidator (law), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Corinne Ball , Sushma Jobanputra , Ben Larkin
    Location:
    Singapore, United Kingdom, USA
    Firm:
    Jones Day
    EuroResource—Deals and Debt: August 2016
    2016-08-03

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    European Union, Italy, United Kingdom, USA, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Public, Jones Day, Brexit, Shareholder, Information privacy, Debtor, Security (finance), Debt, European Commission
    Authors:
    Corinne Ball
    Location:
    European Union, Italy, United Kingdom, USA
    Firm:
    Jones Day
    EuroResource—Deals and Debt - June 2016
    2016-06-17

    Recent Developments

    Filed under:
    Canada, European Union, Italy, United Kingdom, USA, Ontario, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Real Estate, Jones Day, Bankruptcy, Court of Appeal for Ontario
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Argentina, Canada, European Union, Italy, United Kingdom, USA
    Firm:
    Jones Day
    Direct Claims Against UK Insurers of Insolvent Defendants
    2016-06-16

    In Brief

    On 1 August 2016, six years after it received Royal Assent, the UK Third Parties (Rights Against Insurers) Act 2010 (the "2010 Act") will finally come into force. It is expected to provide an effective mechanism for third-party claimants to seek recovery directly from an insolvent defendant's liability insurers.

    * * *

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Jones Day, Debtor
    Authors:
    Tyrone R. Childress
    Location:
    United Kingdom
    Firm:
    Jones Day
    A Multifaceted Maze: The FCA's Role and Powers in Distressed Situations
    2021-03-12

    WHITE PAPER A Multifaceted Maze: The FCA’s Role and Powers in Distressed Situations The last five years have seen a substantial increase in the number and variety of regulated firms operating in the United Kingdom, with the development in particular of financial services provided by new technology firms, asset managers, challenger banks, payment providers and e-money issuers. At the same time, an increasing number of UK Financial Conduct Authority (“FCA”) regulated firms have entered into insolvency proceedings.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Jones Day, Coronavirus, Financial Conduct Authority (UK)
    Location:
    United Kingdom
    Firm:
    Jones Day

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