Allen & Overy LLP

Was An Individual "Identified" In A Decision Notice?

The Upper Tribunal in Christian Bittar v The Financial Conduct Authority [2015] UKUT 602 (TCC), 10 November 2015 considered a claim by a former employee of Deutsche Bank (the Bank), Mr Bittar, who argued that he had been…more
| Civil Procedure, Finance & Banking

Top Finance Litigation And Regulatory Developments In 2015

This is a summary of the most interesting banking litigation and regulatory developments in 2015. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

"A Case Based On Hindsight" - Misselling Claim Rejected

The High Court in Thornbridge Ltd v Barclays Bank plc [2015] EWHC 3430 (QB), 27 November 2015 has rejected an interest rate swap misselling claim for losses allegedly arising as a result of the defendant bank having acted…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Reform Of The Arbitration Law In Myanmar - The Wait Is Over

On 5 January 2016, the Parliament of Myanmar passed its new and much awaited Arbitration Law. This Arbitration Law follows and gives effect to Myanmar’s ratification of the New York Convention in April 2013. One of the aims…more
| Alternative Dispute Resolution (ADR), International Law & Trade

EU Anti-Tax Avoidance Directive Published: Implications For Corporate Taxpayers In Belgium

On 28 January 2016 the EC published the proposal for a so-called Anti-Tax Avoidance Directive. It applies to all taxpayers which are subject to corporate tax in an EU Member State, including corporate taxpayers without…more
| Business Organizations, International Law & Trade, Taxation

Dubai Embraces PPP … Again

THE BACKGROUND - PPPs in the UAE or the wider GCC are not new. They have historically been undertaken under project-specific legislation or approvals. Mubadala Development Company initiated PPPs in the UAE with UAE…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Government Contracting, International Law & Trade

Global Cartel Enforcement 2015 Year in Review

Developing trends: Auto parts and financial services penalties dominated global enforcement fine totals in 2015. And while financial services will remain a focus for enforcers in 2016, several new antitrust…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Consumer Protection, International Law & Trade

Update On The Iraqi Dispute Resolution Landscape

Iraq’s accession to the ICSID Convention, as well as recent UK and US court decisions concerning the Kurdistan Regional Government’s entitlement to sovereign immunity represent potentially significant changes to the Iraqi…more
| Energy & Utilities, International Law & Trade

EU Directive On Cybersecurity Agreed

On 18 December 2015, the agreed text of the Network and Information Security Directive (the NIS Directive) was released. With cybersecurity firmly established as a key business risk, the introduction of specific laws in this…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

The Hong Kong Competition Ordinance - December 2015, the D Day

On 14 June 2012, the Hong Kong Legislative Council passed the first cross-sector competition law in Hong Kong, the Competition Ordinance (Ordinance). The Ordinance created the Competition Commission (the Commission), which…more
| Administrative Law, Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

The UK Supreme Court Clarifies The Test For Implying A Term In To A Contract Is A Stringent Test And Has Not Been Diluted

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and anor [2015] UKSC 72 - This morning the UK Supreme Court handed down its much anticipated judgment in the case cited above. The court…more
| Commercial Law & Contracts, Real Estate - Commercial

Australia’s ‘New’ Foreign Investment Regime- Same Product Different Packaging

With effect from 1 December 2015, the Australian Government has re-written its foreign investment laws and policy. The overall policy position on foreign investment in Australia has not changed materially although there have…more
| Agriculture, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law

FSB Publishes Final TLAC Standard

On 9 November 2015, the Financial Stability Board (FSB) issued its Principles establishing a new international standard for “total loss absorbing capacity” (TLAC) for global systemically important banks (G-SIBs). According to…more
| Finance & Banking, International Law & Trade

White Collar Crime in Europe Themes and Trends: November 2015

There continues to be an increasing appetite amongst authorities around the world to investigate corporates and banks for a range of criminal offices. Governments are also introducing new criminal offences aimed at…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

The UK Contractual Recognition Of Bail-In Rules: Partial Delay To Implementation

On 25 November 2015, the Prudential Regulation Authority (PRA) published a ‘waiver by consent’ in relation to the contractual recognition of bail-in requirements. To the extent that it would be impracticable for firms to comply…more
| Finance & Banking, International Law & Trade
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