Search results for

Regulators' desire for greater market disclosure seems to intensify every year. More data, be it for the benefit of investors or the regulators themselves, seems to be viewed as a key way to prevent the errors of years gone by. On paper, it's a view that's hard to argue against. Transparency should enable better buyside decisions, greater market oversight, and more self-imposed discipline by those who may have been tempted to game the system. In reality, the obvious downside is the massive expense – to be borne by the industry alone – of setting up the necessary compliance, record-keeping and data-gathering systems.

Stephanie Tang Dacheng's historic tie-up with Dentons started 2015 as a year for PRC firms to make global inroads. Yet the past month has been one for international names to move ever closer to China. JONES DAY brought in former China National Development and Reform Commission official Xue Qiang to its antitrust and competition law practice in Beijing. Meanwhile SHEARMAN & STERLING boosted its M&A practice with the addition of Stephanie Tang who joined the firm's China M&A group from Kirkland & Ellis. In Hong Kong FRESHFIELDS BRUCKHAUS DERINGER poached magic circle rival Linklaters' Asia-based US securities head David Ludwick. DEBEVOISE & PLIMPTON welcomed Herbert Smith Freehills' former Asia managing partner Mark Johnson to boost its white-collar crime and regulatory offering in the region.

The UK Financial Conduct Authority's (FCA) review of structured product governance has criticised the ways in which the instruments are developed and sold, warning that binding rules may be necessary.

The European regulatory capital market continues to grow, but global and EU reforms are causing concern among investors and issuers

Y Shukie Grossman

Damien Roberts Marcell Németh Ana García Vinicio Trombetti

The tips and tricks that will help the region’s dealmakers exceed last year’s record volumes

César Rodríguez The Colombian fourth generation concession programme is seeking its first financial closing. Considering the huge amount of money needed, concessionaires are trying to put in place the optimum capital structure, combining long-term senior financing, revolving liquidity facilities, equity contributions and subordinated debt. Historically, subordinated debt has been widely used in infrastructure projects in Colombia as an instrument to inject sponsors' equity, and to avoid cash traps and other restrictions. However, existing sponsors are assessing how to obtain subordinated debt from non-affiliated parties, such as governmental entities and private equity funds. This represents a new feature in the Colombian landscape, as well as further challenges.

Sanjay Mohanasundram As in most other jurisdictions which seek to preserve the sanctity of the arbitration process, Malaysia's Arbitration Act 2005 limits the grounds on which a party can seek to reverse an arbitration award. Section 42 of the Act allows for a party to challenge an award on a question of law. Until the recent decision of the Court of Appeal in Government of Malaysia v Perwira Bintang Holdings Sdn Bhd there was some confusion as to when the court should exercise its discretion to set aside an award on a question of law. In this decision, the Court of Appeal set out the following criteria in order to determine whether an award should be set aside on this ground:

Maria Papatsoris Under Law 6 of February 3 1997, the National Authority of Public Services (ASEP) in Panama is entitled to regulate the energy industry. Its purpose includes securing the availability of an efficient energy policy capable of supplying the country's energy demand, while meeting economic, social, and financial viability criteria. As a consequence of the energy crisis and the state's interest in promoting the use of renewable energy resources, mitigating adverse environmental impacts, and reducing dependence on traditional fossil fuels by means of Law 43 of August 9 2012, Law 6 was modified. It now allows the purchase of power and energy through special public tender processes, approved by ASEP and subject to the energy guidelines issued by the National Energy Secretariat, which have their own rules and are more expeditious.