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Content
2024, Volume 19, Issue 1
- 1-21 The relevance and regulation of microsecond differences in the era of high-frequency trading: private feeds, transaction confirmations and colocation
by Mathijs Jacob Giltjes - 22-55 Auditors report and the German Capital Markets Model Case Act (KapMuG)—legal consequences for EY in the Wirecard scandal†
by Thomas M J Möllers - 56-64 Initial public offerings and antitrust: selected cases and issues
by John Kwan - 65-85 Can GDP-linked debt be the answer to sovereign debt crises?
by Maziar Peihani - 86-101 The role of the ‘Astana’ International Financial Centre in the capital market
by Nazerke P Kurash & Serik B Makysh & Gulzat K Kantoroeva & Kairbek T Arystanbekov & Pernebek K Umirzakov
2023, Volume 18, Issue 4
- 453-456 Editors’ Note
by Caroline M Gentile - 457-499 Disintermediation of the US, EU and UK capital and financial markets
by Edward F & Bree Morgan-Davies - 500-525 The anatomy of crypto failures and investor protection under MiCAR
by Ilya Kokorin - 526-533 ClientEarth’s challenge of FCA approval of an energy company’s IPO prospectus: reflections on a novel climate activist approach
by John Kwan - 534-555 Do we really need a ‘perfectly reasonable investor’ within MAR?
by Adrian Rycerski - 556-572 Removing Bankers’ bonus cap: Will this enhance the competitiveness of the UK financial market?
by John Kong Shan HoJohn Kong Shan Ho - 573-588 Understanding the inherent limitations of crypto finance in the Islamic finance context
by Abdul Karim Aldohni
2023, Volume 18, Issue 3
- 277-280 Editors’ Note
by Caroline M Gentile - 281-302 Which markets need Central Bank Digital Currency?
by Christian Hofmann - 303-328 EU Sustainable Finance Disclosure Regulation
by Danny Busch - 329-364 The regulation of share buybacks and insider dealing: a comparative analysis
by Lance Ang - 365-390 International investment agreements and sovereign debt: an empirical analysis
by Livia Hinz - 391-401 Protection of interests of minority shareholders in the case of the delisting of a company in the light of regulations binding in Europe
by Magdalena Zmysłowska - 402-425 Unilateral responses to an international problem: sustainable sovereign debt restructuring and the case for second-best solutions
by Astrid Iversen - 426-451 Confused and not protected: the case of whistle-blowers in the EU banking and financial sector
by Dimitrios Kafteranis
2023, Volume 18, Issue 2
- 137-171 Central Bank Digital Currencies and the global financial system: the dollar dethroned?
by Ross P Buckley & Mia Trzecinski - 172-193 Can investors save the planet? NZAMI and fiduciary duty
by Tom Gosling & Iain MacNeil - 194-201 A modern template for the restructuring of poor country debts
by Lee C Buchheit & Adam Lerrick - 202-232 Special purpose acquisition companies: A discordant tale of two Asian financial centres
by Umakanth Varottil - 233-258 Liquidity management tools in open-ended investment funds: the right tools in the right hands?
by Katrien Morbee - 259-275 The role of market operators in scaling up voluntary carbon markets
by Melvin Tjon Akon
2023, Volume 18, Issue 1
- 1-4 Editors’ Note
by Mitu Gulati - 5-43 CCP supervision after Brexit: from extraterritoriality to a model of shared control
by Matthias Lehmann - 44-70 International banking and finance use of the investment treaty regime: Hong Kong as a case study
by Julien Chaisse & Kehinde Olaoye - 71-77 Enforcing comparable treatment in sovereign debt workouts
by Lee C Buchheit & Mitu Gulati - 78-100 Growing (in)securities: the cult of ‘equity’s darling’ in Australian financial law
by Matteo Solinas - 101-135 Inside insider trading regulation: a comparative analysis of the EU and US regimes
by Min-woo Kang
2022, Volume 17, Issue 4
- 409-410 Editors’ Note
by Jeffrey Golden KC (Hon) - 411-467 Governance and the decoupling of debt and equity: the SEC moves
by Henry T C Hu - 468-488 The damages puzzle in government bonds
by Yehuda Adar - 489-512 Independent directors for investment funds in the UK: what role for investor protection?
by Roger M Barker & Iris H -Y Chiu - 513-543 Financial development and de-financializing in China
by Weiping He - 544-563 A radical change? Assessing the reforms in China’s securities market through the lens of investor protection
by Qi Lu - 564-582 Tax challenges in debt financing involving digital tokens
by Vincent Ooi
2022, Volume 17, Issue 3
- 275-275 Editors’ Note
by Mitu Gulati - 276-287 Seizing Russian assets
by Paul B Stephan - 288-306 Distributed ledger technology and financial market infrastructures: an EU pilot regulatory regime
by Jonathan McCarthy - 307-316 Environmental protection and sovereign debt restructuring
by Patrick Bolton & Lee C Buchheit & Beatrice Weder di Mauro & Ugo Panizza & Mitu Gulati - 317-333 Neither relational nor discrete: the ISDA Master Agreement as a bimodal contract
by Matthew Armitage - 334-364 Dealing with the conflicts of interest of credit rating agencies: a balanced cure for the disease
by Chunping Bush - 365-382 Crypto-assets and crypto-assets’ subcategories under MiCA Regulation
by Tomasz Tomczak - 383-408 Debt transparency: the essential starting point for successful reform
by William R Rhodes & John Lipsky & Terrence J Checki & Richard J Cooper & William C Dudley & Keyu Jin & Gail Kelly & Joaquim Levy & Maria Ramos & Susan Segal & José Viñals Lipsky & Mark Walker
2022, Volume 17, Issue 2
- 147-149 Editors’ Note
by Amanda Thomas - 150-166 The principles guiding the ECB’s enforcement and sanctioning powers
by Andrea Minto - 167-195 New York’s requirements for contractual definiteness with application to the formation of investment vehicles
by Royce de R Barondes - 196-211 Fighting insider dealing at all costs?—due process aspects on the EU market abuse regime
by Helene Andersson - 212-236 The DLT sandbox under the Pilot-Regulation
by Dirk A Zetzsche & Jannik Woxholth - 237-261 Policy responses to cross-border central bank digital currencies—assessing the transborder effects of digital yuan
by Cheng-Yun Tsang & Ping-Kuei Chen - 262-274 ‘Mandatory’ public takeover bids in Hong Kong: the case of China Oriental
by Shue Sing Churk
2022, Volume 17, Issue 1
- 1-7 Editors’ Note
by Stephen Revell - 8-19 Sustainability-linked bonds: the next frontier in sovereign financing
by Juan Giráldez & Stephanie Fontana - 20-28 Prefer to defer: has the time for ‘Bendybonds’ finally come?
by Benjamin Heller & Pijus Virketis - 29-51 Cross-border risks for indenture trustees: the limits of comity and the need to adapt standard provisions of the trust indenture
by Eric A Schaffer - 52-94 The future of EU financial law
by Danny Busch - 95-119 Enforcing comfort letters on Chinese offshore debt
by Joel Slawotsky - 120-145 From (no) bailouts to bail-in: a comparative assessment of Canada’s bank recapitalization regime
by Maziar Peihani
2021, Volume 16, Issue 4
- 391-392 Belize’s Green Buyback: A Template for Future Sovereign Debt Restructurings
by Mitu Gulati - 393-413 Rebuilding trust: regulation of financial advisers in the UK
by Weiping He & Han-Wei Liu - 414-431 Investigating the contract production process
by Stephen J Choi & Mitu Gulati & Robert E Scott - 432-444 Boilerterms
by John F Coyle - 445-473 Shareholder remedies in China—developments towards a more effective, more accessible and fairer derivative action mechanism
by Jingchen Zhao & Chuyi Wei - 474-481 Nailing the flag to the mast—promises of super-priority in public debt
by Mihalis Gousgounis & Mitu Gulati & Lee C Buchheit - 482-502 Accountability in EU sustainable finance: linking the client’s sustainability preferences and the MiFID II suitability obligation
by Félix E Mezzanotte - 503-527 The anatomy of Holding Foreign Companies Accountable Act (HFCAA): a panacea or a double-edge sword?
by Qingxiu Bu - 528-540 Enforcing the market abuse regime in Korea: recent developments and challenges ahead
by Min-woo Kang
2021, Volume 16, Issue 3
- 249-250 Editors’ Note
by Jeffrey Golden - 251-266 The Empire Strikes Back: Derivatives disputes, the financial list, test case scheme and arbitration
by Sabur Malik - 267-299 Make-wholes in sovereign bonds
by Ugo Panizza & Mitu Gulati - 300-306 Value recovery instruments: a contrarian proposition
by Mark H Stumpf - 307-313 The $900 Million Mistake: In re Citibank August 11, 2020 Wire Transfers (SDNY 16 February 2021)
by Elisabeth de Fontenay - 314-355 Overseas on-market buybacks: ASX disclosure requirements and regulation
by Jason Mitchell - 356-390 Allowing dual class share structure companies in the Premium listing segment of the London Stock Exchange: appreciating international experiences and recognizing local conditions
by John Kong Shan Ho
2021, Volume 16, Issue 2
- 115-116 Why did these standard forms change so quickly?
by Mitu Gulati - 117-140 Corporate bond defaults in China: legal issues and possible solutions
by Wang Fu - 141-164 Rethinking share repurchases
by Hans Tjio - 165-186 Hidden sovereign finance
by Federico Lupo-Pasini - 187-202 A comparison of investors’ protection in different securities holding systems and the legal implications of direct and indirect holding: a focus on China’s central securities depository legal position
by Fei Nie & Mahmood Bagheri - 203-225 The Markets in Crypto-Assets regulation (MiCA) and the EU digital finance strategy
by Dirk A Zetzsche & Filippo Annunziata & Douglas W Arner & Ross P Buckley - 226-248 CACs at work: what next? Lessons from the Argentine and Ecuadorian 2020 debt restructurings
by Andrés de la Cruz & Ignacio Lagos
2021, Volume 16, Issue 1
- 3-30 The influence of the EU prospectus rules on private law
by Danny Busch - 31-44 Towards a more robust sovereign debt restructuring architecture: innovations from Ecuador and Argentina
by Ian Clark & Dimitrios Lyratzakis - 45-55 Avoiding a lost decade—sovereign debt workouts in the post-Covid era
by Lee C Buchheit & Mitu Gulati - 56-71 The development of collateral stripping by distressed borrowers
by Mitchell Mengden - 72-94 Contracts as regulation: the ISDA Master Agreement
by M Konrad Borowicz - 95-114 The Iraq sovereign debt restructuring
by Simon Hinrichsen
2020, Volume 15, Issue 4
- 367-373 Editors' Note
by Stephen Revell - 374-397 Bank–fintech partnerships, outsourcing arrangements and the case for a mentorship regime
by Luca Enriques & Wolf-Georg Ringe - 398-417 Benchmarks reform: risk-free benchmarks, IBOR fallbacks and the prohibition on compound interest under Italian law
by G Massimiliano Danusso & Matteo Bencic - 418-442 Green bonds: legal and policy issues
by Lloyd Freeburn & Ian Ramsay - 443-452 Windstream and contract opportunism
by Elisabethde Fontenay - 453-463 Puerto Rico: Act III
by Stephen J Lubben - 464-473 The Argentine collective action clause controversy
by Lee C Buchheit & Mitu Gulati - 474-488 The subtle relationship between paragraphs 1, 4, 7 and 8 of Article 17 of the Market Abuse Regulation
by M J Giltjes & A C W Pijls - 489-508 An examination into the investor protection properties of robo-advisory services in Switzerland
by Félix E Mezzanotte - 509-523 Forest for the trees: are the directors not responsible for disclosures in prospectuses?
by Chee Keong Low & Tak Hay Low
2020, Volume 15, Issue 3
- 259-261 The value of voluntary COVID-19 securities disclosure—zero?
by Mitu Gulati - 262-276 The reform of the ESM and why it is so controversial in Italy
by Giampaolo Galli - 277-283 Necessity and the Covid-19 pandemic
by W Mark C Weidemaier & Mitu Gulati - 284-297 Restructuring the European Stability Mechanism
by Aitor Erce - 298-321 A vision for regulated digital security infrastructure in Europe
by Bart Garré & Michael Voisin & Richard Hay & Sophia Le Vesconte - 322-346 How to restructure Euro area sovereign debt in the era of Covid-19
by Theresa Arnold & Mitu Gulati & Ugo Panizza - 347-366 Is the European Union going to help us overcome the COVID-19 crisis?
by Danny Busch
2020, Volume 15, Issue 2
- 139-145 Restructuring Italy’s New York law bonds
by Andrea E Kropp - 146-158 Reprofiling today for a sustainable tomorrow: a unilateral Italian debt restructuring
by Emma Cervantes & Victoria Dodev & Shane Ellement & Isabelle Sawhney - 159-174 The reform of the European Stability Mechanism
by Jasper Aerts & Pedro Bizarro - 175-190 The segmented regulatory system of the bond markets in China: current situation, causes and reform
by Chi Zhang - 191-223 Initial crypto-asset offerings (ICOs), tokenization and corporate governance
by Stéphane Blemus & Dominique Guégan - 224-249 The regulation of the dual-class share structure in China: a comparative perspective
by Longjie Lu - 250-257 Barbados sovereign debt restructuring 2018–2019—like the island, small but perfectly formed
by Andrew Shutter
2020, Volume 15, Issue 1
- 3-17 Choice of governing law for bonds
by Philip Wood & Philip R. Wood - 18-47 Blockchain and cryptocurrencies: essential tools in a two-tier financial system
by Ilias Kapsis - 48-69 Inefficiencies in trade reporting for over-the-counter derivatives: Is blockchain the solution?
by Olatunji Jayeola - 70-97 In CCP we trust … or do we? Assessing the regulation of central clearing counterparties in Europe
by Hossein Nabilou & Ioannis G Asimakopoulos - 98-114 CACs and Doorknobs
by Anna Gelpern & Jeromin Zettelmeyer - 115-136 Is Hong Kong a potential role model for objectives-based financial regulation?
by Bryane Michael & Say-Hak Goo
2019, Volume 14, Issue 4
- 429-430 Editors’ Note
by Lachlan Burn - 431-450 Improving resolvability: partial property transfers and central counterparties
by Jo Braithwaite & David Murphy - 451-468 Dual-class share structures—the Singaporean response
by Leonard Ching & Alvin Zhuang & Wayne Chan - 469-487 Using the local law advantage in today’s eurozone (with some references to the Republic of Arcadia and the Mamatas judgment)
by Yannis Manuelides - 488-517 Creating a Euro area safe asset without mutualizing risk (much)
by Álvaro Leandro & Jeromin Zettelmeyer - 518-530 Target market under MiFID II: the distributor’s perspective
by Martin Hobza & Aneta Vondráčková - 531-550 The transfer of Venezuela’s oil assets to a successor entity and fraudulent conveyance
by Richard Levin & Roland Pettersson
2019, Volume 14, Issue 3
- 293-294 The new bond thing: sub-sovereign masala bonds?
by Mitu Gulati - 296-319 The private law effect of the EU market abuse regulation
by Danny Busch - 320-334 Sovereign state-contingent debt instruments: risk taxonomy and case studies
by Mark H Stumpf - 335-363 International insolvency issues of delocalized structures with special purpose vehicles (SPVs)
by David Ramos Muñoz & Carlos Bosque Argachal - 364-380 Ten years after: the Spector presumption in MAD, MAR and MAD II
by Morten Kinander - 381-393 The new research on contractual complexity
by Cathy Hwang & Matthew Jennejohn - 394-428 Responsible finance sukuk—can they bring societal value to a value-neutral market?
by Edana Richardson
2019, Volume 14, Issue 2
- 131-133 Editors’ Note
by Mitu Gulati - 134-154 Collective action clauses in the euro area: a law and economic analysis of the first five years
by Christoph Grosse Steffen & Sebastian Grund & Julian Schumacher - 155-177 The benefits of reducing holdout risk: evidence from the Euro CAC experiment, 2013–2018
by Mattia Osvaldo Picarelli & Aitor Erce & Xu Jiang - 178-216 The choice between judicial and administrative sanctioned procedures to manage liquidation of banks: a transatlantic perspective
by Jens-Hinrich Binder & Michael Krimminger & María J Nieto & Dalvinder Singh - 217-250 Articulating the gaps in financial consumer protection and policy choices for the financial conduct authority—moving beyond the question of imposing a duty of care
by Iris H -Y Chiu & Alan H Brener - 251-273 The proposed EU framework for preventive restructuring and the English schemes of arrangement regime—seeking the best Preventive model for each Member State
by Matti Engelberg - 274-291 The European finance minister and the EMU reform conundrum
by Maria Patrin & Pierre Schlosser
2019, Volume 14, Issue 1
- 1-3 Editors’ Note
by Mitu Gulati - 4-15 Self-placement, dealing on own account and the provision of investment services under MiFID I & II
by Danny Busch - 16-33 Restructuring the bond market in Singapore
by Hans Tjio - 34-58 The future of involuntary sovereign debt restructurings: Mamatas and Others v Greece and the protection of holdings of sovereign debt instruments under the ECHR
by Astrid Iversen - 59-77 Certifying the ‘Climate’ in climate bonds
by Paul Rose - 78-113 The mechanisms of institutional activism: qualified foreign institutional investors in China
by Wenge Wang - 114-130 Sovereign debt restructuring and US executive power
by Lee C Buchheit & G Mitu Gulati
2018, Volume 13, Issue 4
- 483-486 Editors’ Note
by Stephen Revell - 487-517 The virtual currency regulatory framework in global context
by Sharon Brown-Hruska & Trevor Wagener - 518-533 The effect of recent EU legislation on EU retail bond markets
by Lachlan Burn - 534-564 UK regulation of term securitization following a hard Brexit
by Marke Raines - 565-569 No second bite at the ISDA valuation cherry: Lehman Brothers Special Financing Inc v National Power Corporation
by Simon Firth - 570-586 Cash America and the structure of bondholder remedies
by Mitu Gulati & Marcel Kahan - 587-599 Financial Technology and global capital markets—the impact of pro-enterprise regulation and English law
by Iain Sheridan - 600-618 Suitable investment advice in Hong Kong: restrictions on contractual disclaimers
by Félix E Mezzanotte
2018, Volume 13, Issue 3
- 293-293 Editors’ Note
by Benu Schneider - 294-320 Sovereign debt restructuring: further improvements in the market-based approach†
by Benu Schneider - 321-355 About government debt … who knows?
by Anna Gelpern - 356-391 A possible work plan for further reform of sovereign debt restructuring
by Deborah Zandstra - 392-409 Sovereign commercial bank restructuring agreements: should bond innovations or other modifications be adopted?
by Mark H Stumpf - 410-414 Trustees versus fiscal agents for sovereign bonds
by Lee C Buchheit - 415-426 What is the evidence on recovery values and efficacy of creditor committees in a sovereign debt restructuring?
by Benu Schneider - 427-451 Debtor–creditor engagement in sovereign restructurings
by Yannis Manuelides - 452-466 To formalize or not to formalize: creditor–debtor engagement in sovereign debt restructurings
by Michael Waibel - 467-482 Bank capital regulation and sovereign debt restructuring
by Simon Gleeson
2018, Volume 13, Issue 2
- 129-130 Editors’ Note
by Mitu Gulati - 131-135 Venezuela’s debt: untying the PDVSA knot
by Adam Lerrick - 136-147 The scope of section 316(b) after Marblegate
by Marcel Kahan - 148-151 Deterring holdout creditors in a restructuring of PDVSA bonds and promissory notes
by Lee C Buchheit & Mitu Gulati - 152-167 Choice-of-law clauses in US bond indentures
by John F Coyle - 168-184 Adapt or die: institutional survival in the post-crisis world
by Robert Pickel - 185-193 Does moral philosophy apply to capital markets?
by Philip R WoodCBE - 194-222 The distributed ledger technology: a potential revamp for financial markets?
by Paul Klimos - 223-225 MiFID II product governance and PRIIPs in the flow transaction space
by Roderick Ruari J D Ewing - 226-274 Formal disclosure of on-market buybacks: impact, value and incentives
by Jason Mitchell - 275-292 Misconceptions of interest benchmark misconduct
by Paul Lejot
2018, Volume 13, Issue 1
- 1-2 Editors’ Note
by Jeffrey Golden & Lachlan Burn - 3-25 The FCA has now listened: Banks, it is in your interests to listen too
by Richard Samuel - 26-58 The litigation on derivative transactions involving Italian counterparties: an extreme stress test for the derivative contractual documentation
by G Massimiliano Danusso - 59-84 Cross-border cooperation in financial regulation: crossing the Fintech bridge
by Lev Bromberg & Andrew Godwin & Ian Ramsay - 85-115 Recent Development of FinTech Regulation in China: A Focus on the New Regulatory Regime for the P2P Lending (Loan-based Crowdfunding) Market
by Chuanman You - 116-128 Exit consents in debt restructurings
by Benjamin Liu