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Frederick Feldkamp of Foley & Lardner LLP voices his views on the natural price of competition and how corporate credit monopolies are negatively affecting worldwide finance

Finance deals overcome withholding tax obstacles Martin Fingerhut of Blake, Cassels & Graydon LLP sums up structured finance activity in Canada over the past year and looks at ways to reduce the likelihood of withholding tax on cross-border deals

Structured finance never stands still. Nearly 35 years after the first securitization, this once exotic US product has transformed into one of the mainstays of the global financial markets.

Korea creates new investment vehicle Min Han, Yon Mi Kim and Hyekyung Christy Lim of Kim & Chang highlight some of the legal developments that affect financial structures and introduce the ship investment company concept

The Basel Committee has agreed a final version of the new accord on capital adequacy, which will give banks more control over how they plan for and mitigate investment risk. But some aspects of the accord, known as Basel II, may have negative effects on the securitization market, according to lawyers familiar with the agreement.

The Securities and Exchange Commission issued new proposals that will make it easier for non-US issuers of asset-backed securities to access the US capital markets. Under the new rules issuers outside America would for the first time be able to issue asset-backed securities via a so-called shelf registration statement.

A surprise decision has forced international banks to join forces and confront Korea's Ministry of Finance, reports Andrew Crooke

China's trust law provides a means for using securitization to help reduce the country's number of non-performing loans, say Evan Cohen, Mary Matson and Paul Chu

As Hong Kong follows international trends and prepares regulations on analyst conflicts, securities houses must review their compliance policies. By Timothy Loh and Gary Da Silva

Entering into an arbitration agreement, the parties sometimes provide for various alternatives. This happens quite often for example in loan contracts between Russian borrowers and UK based international financial institutions. In an attempt to bargain a favorable position in jurisdictional terms, the lender may want to reserve its right to go to a court of law. This is usually attained by supplementing the arbitration agreement with such opportunity, that is, by specifying that besides the option of having their dispute arbitrated the parties may initiate legal proceedings in, say, a UK court. Pursuing this bargaining path, the lender may also seek that a borrower unilaterally waive its right to challenge the jurisdiction chosen by the lender in case of a dispute. However, a lender should carefully exploit its bargaining power, since not all options will necessarily be viable.