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  • Bracewell & Giuliani’s Alastair Young, Darren Spalding and Paige Bennett explain why the pro-freedom of contract interpretation is at odds with the judiciary in Australia and the US
  • Işıl Ökten Aslıhan Kahraman On October 23 2015, the Banking Regulation and Supervision Agency (the BRSA) published amendments to the Regulation on the Equities of the Banks (the Regulation). These amendments are intended to harmonise the Turkish banking regulations with Basel III, the comprehensive reform package developed by the Basel Committee on Banking Supervision to strengthen the regulation and risk management of the banking sector. The amendments will enter into force on March 31 2016 (the Amending Regulation). The Amending Regulation introduces the following key changes:
  • Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.
  • Many insurance policies contain clauses that require disputes to be resolved by arbitration, rather than through the courts
  • Ha Hoang Loc Truong Huu Ngu Several months after the new Investment and Enterprise Law came into effect, the Vietnamese government continues to demonstrate the spirit of administrative reform by adopting guidance on the implementation of the legislation.
  • Sponsored by FenXun Partners
    Beijing’s latest attempt at propping up the country’s plummeting stock markets lasted just seven days. Here's how it played out
  • Sponsored by Akin Gump Strauss Hauer & Feld
    Akin Gump’s Christopher Leonard and Chris Poon outline why European legislators’ desire for reform has outpaced their ability to implement rules
  • The Basel Committee's framework has led to further liquidity fears among lawyers in the US
  • Here are the highlights from last week's IFLR Indian Capital Markets forum in Mumbai
  • Higher demand and fewer deals will dictate deal trends across the region this year