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  • Philbert E Varona
  • Carlos Fradique Méndez Luis Gabriel Morcillo
  • Alvaro Castellanos Howell
  • A recent New South Wales (NSW) Court of Appeal judgment on the scope and enforceability of exclusive jurisdiction clauses strikes a further blow to the forum shopper, in a move that represents a notable development of the common law and increases certainty in global investment.
  • The Isda regional conference tackled short selling, Basel III and concerns about confidentiality
  • The US legislation contains disclosure requirements that many may have missed. Here’s what you should do
  • A June 2010 decision of the Delaware Court of Chancery highlights the importance of carefully reading the terms of both final contracts and preceding drafts. In Cambridge North Point LLC v Boston and Maine Corporation, Vice Chancellor Strine refused the request of an aggrieved party to invalidate an allegedly unagreed term that the other party had quietly inserted into a near-final draft of an agreement. The party that had inserted the term had not provided a blackline showing the change. The change eliminated certain conditions to the obligation to make a $3.5 million payment.
  • Why did countries with intense regulatory regimes suffer the worst in the financial crisis? And why have those same countries ratcheted up their banking regulations following the crisis, despite their rules failing? One of the more interesting studies carried out within the area of law over the last few years has been Philip Wood's Global Law Maps. Wood is the head of Allen & Overy's Global Law Intelligence Unit, having led the firm's banking group in the 1990s.
  • Dr Ilir Mustafaj Endrit Shijaku A considerable number of loans that Albanian banks have made to their customers are secured with mortgages over immovable properties. Yet the extent to which immovable properties are being used as collateral for lending in Albania, is far from its full potential. Although an increase in the collateralisation of much of the immovable properties for borrowing money from the banks would provide additional fuel for the Albanian economy, the Albanian authorities have several challenges in addressing some major obstacles before they can win the confidence of the banks to accept more types of immovable properties as collateral, and thus issue more loans.