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  • John Breslin Ireland has a shared legal tradition with the UK. Even though UK decisions are not binding in Ireland (but have persuasive authority), decisions of superior courts in the UK (such as the Supreme Court) merit close attention. This is undoubtedly true for the recent UK Supreme Court decision on contractual penalties in two joined appeals cases: Cavendish Square Holding v El Makdessi/ParkingEye v Beavis ([2015] UKSC 67) (Cavendish decision).
  • Sponsored by Allen & Overy
    The total loss-absorbing capacity metric has now been finalised. Its subordination exception has important ramifications for many European G-Sibs
  • Elias Neocleous The Cyprus Securities and Exchange Commission (CySEC) has announced a new accelerated procedure in order to expedite the examination and determination of pending applications for authorisation.
  • The region’s best female lawyers and the firms paving the way for meritocracy in the legal profession were celebrated in Hong Kong on November 11
  • Still with Dentons, the headline in Asia last month was that it would be adding more numbers to its headcount when it agreed merger terms with GADENS in Australia and RODYK & DAVIDSON in Singapore. This follows a number of other mergers the firm has pursued across the globe in the last two to three years.
  • Carlos Fradique-Mendez Alejandro León Quiroga After Colombia gained an investment grade rating in 2012, the offering of foreign securities-related products and services increased substantially. This was accompanied by a consistent intensification of the enforcement efforts on applicable regulations by the Colombian Superintendence of Finance (SFC) in order to control and supervise how the offering of such products and services was being made in Colombia or to Colombian residents. This has resulted in the imposition of sanctions.
  • Julian M Hashim Jeannie Goon Section 133A of the Companies Act 1965 (Companies Act) explicitly prohibits the provision of financial assistance to persons connected with the directors of a company, including an associated company. Paragraph 8.23 of the Bursa Malaysia Main Market Listing Requirements (MMLR) on the other hand provides that, except as otherwise provided under law and subject to certain pre-conditions, a public listed company or its non-listed subsidiaries may provide financial assistance in the form of advance, guarantee, indemnity or to provide collateral for a debt in favour of its associated company.
  • In-house counsel in Hong Kong have called for Chinese authorities to provide clarity over the regulatory regimes governing offshore RMB bond issuance.
  • Ramon G Songco Jenny Jean B Domino The service of a summons is indispensable in judicial proceedings. It both notifies the defendant that a suit has been brought against it and enables the court to acquire jurisdiction over the defendant in person, thus making any court order or ruling in such a case binding upon that defendant. This acquires particular relevance in cases of in personam actions, which are based on the defendant's personal liability. In contrast, in an action in rem, the judgment pertains to the thing that is the subject of the action and the court need not acquire jurisdiction over the defendant in person, only over the thing itself.
  • Sponsored by Shearman & Sterling
    Shearman & Sterling’s Barney Reynolds, Danforth Newcomb and James Campbell discuss aspects of the nuclear deal that create real risks for foreign investors