This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

This paper is the draft text of a lecture given at a Conference on Organizational Change organized by the Committee of Science and Ethics of the University of Leuven, KUL, on October 9, 2009. From a legal perspective I have presented two types of framework operating in two dimensions or on two...

Mutual fund companies selectively advertise their better performing funds. However, investors respond to advertised performance data as if those data were unselected (i.e., representative of the population). We identify the failure to discount selected or potentially selected data as selection...

It is unlikely that there has been anything like it since the great codifications of the 19th century. The introduction of new legislative frameworks in China and neighbouring Viet Nam over the past 20 years has been ambitious and audacious, particularly in view of the inherent tensions involved...

Financial Derivatives have established themselves as a major driving force in the international monetary sphere in the recent past. While derivatives were originally used as an effective monetary instrument to multiply the wealth through ripple effect, of late these instruments are also used by...

The Banking Act 2009 has introduced a special regime to deal with failing banks in the UK. A feature of the legislation is the regulator's power to trigger the regime by determining whether or not a bank is likely to fail. The use of the Act with Dunfermline Building Society has highlighted the...

This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy...

The court in Mayhew v. King 2010] EWHC 1121 (Ch) failed to recognise that the principle against divestiture has nothing to do with the principle of pari passu distribution. However, the court's actual application of the principle is in many respects a healthy repudiation of the Court of Appeal's...

Using law and policy as a sustainable competitive advantage source is a recent research stream. This paper illustrates how legal and policy research contributes to firms' strategy in the regulated gambling industry, defined by legislation and jurisprudence. The gambling sector has been a...