This paper explores the potential content and feasibility of a set of harmonized choice of law rules (HICOL Rules) that would apply in insolvency proceedings. It contemplates a main insolvency proceeding opened in a debtor's center of main interests (“COMI”) and the existence of (or...

After introducing some fundamental concepts of relevance to Islamic finance, this article describes investment funds used to make investments in the United States, lease (ijara) investment structures used for real estate investments in different jurisdictions (including the early development of...

This article considers the development of sukuk as the mainstay element of the "debt" or finance side of the Islamic capital markets. The two general types of sukuk are described: whole-business securitization sukuk; and asset secrutization sukuk. Differences between the conventional...

This article focuses on the development and implementation of modern Shari'ah-compliant project and infrastructure finance structures and techniques. The definition and history of project finance are summarized, as are some of the essential institutions, practices, premises, methodology and...

The universal adoption of collective action clauses (CACs) was the most promising reform proposal in recent debates on sovereign debt crisis management. Academics and the official sector had been promoting CACs at least since 1995, yet market practice did not begin to change until 2003. This...

English Abstract: Argentina is once again seeking to restructure its external debt. To facilitate this process, the country is proposing to use the state-of-the-art collective action clause that was included in the bonds Argentina started issuing in the Spring of 2016. When it uncloaked its...

The International Monetary Fund and the US Treasury have suggested that countries insert Collective Action Clauses (CACs) into their bonds in order to reduce the severity and frequency of financial crises in emerging markets. Research on the topic of CACs being scarce, this paper is the first to...

China is the world’s largest official creditor, but basic facts are lacking about the terms and conditions of its lending. Very few contracts between Chinese lenders and their government borrowers have ever been published or studied. This paper is the first systematic analysis of the legal...