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  • Technology for technology’s sake won’t help address the current business puzzles financial institutions face, nor will it solve regulatory challenges in the EU
  • The process for restructuring a business in distress used to be driven by the extent of the company’s legal obligations. However, recent history has shown the growth of tensions between legal and actual liabilities
  • A new avenue has been opened up for Indian issuers to raise rupee-denominated bonds from the international debt capital markets
  • Sponsored by White & Case
    Because of the similarities they share with conventional bonds, sukuk may be a solution to help finance green infrastructure and climate-related initiatives. But some obstacles remain
  • The Irish Court of Appeal has recently confirmed that the sale of a bare right of action to litigate in the Irish courts is invalid under Irish law (SPV Optimal SUS v HSBC Institutional Trust Services (Ireland) (2017)). This may be unwelcome news for particular sectors of the distressed debt market. However, the decision will be welcomed by depositaries, managers and other fund service providers. Further, it is clear that the decision has no impact on the regular market for the transfer of loan portfolios and other debt (for example, as part of collaterised loan obligation deals).
  • On April 5 2017, the Brazilian Securities Commission (CVM) enacted a new regulation that could enhance the country's equity and capital markets, which have been severely impacted by the recent economic and institutional turmoil.
  • The country's restructuring proceedings haven’t yet answered concerns around whether or not contingent claims can be crammed down
  • A recent UK Supreme Court judgment has confirmed that when interpreting a contract, the wider context in which it was agreed should always be considered
  • Colombia's most ambitious infrastructure programme commenced in 2012 with the enactment of Law 1508, which introduced public-private partnerships (PPPs). Later in 2013, the government launched its fourth-generation toll road programme (4G), the largest infrastructure programme in Colombia, aimed at reducing the country's lag in toll road infrastructure while promoting its development.
  • Germany’s insolvency reform may have improved options for distressed companies but a recent court decision on the tax treatment of waivers of debt has complicated matters