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  • There was a time when the heady combination of economic liberalisation and technology seemed fated to drive ever-increasing volumes of goods, capital and people across borders. Global cross-border capital flows, for example – including lending, foreign direct investment, and equity and bond purchases – rose from $0.5 trillion in 1980 to a peak of $11.8 trillion in 2007, according to the McKinsey Global Institute.
  • Given it is the world's biggest economy, the US is in an unusual position. It is working to attract foreign investor interest. While states have long competed for foreign direct investment (FDI), the US government is becoming more involved after the October shutdown and its near-default shook investor confidence.
  • A comparison of the EU risk retention rules and the latest US proposals reveals two fundamentally different approaches to regulating securitisation
  • Qihoo 360's convertible bond was not only the first this year but also the largest ever such offering from a US-listed Chinaco.
  • The Korea Financial Services Commission's (FSC) recent launch of a stock exchange focused on raising capital for small and medium-sized enterprises (SMEs) could show EU policymakers how they can spur the bloc's return to growth.
  • One of Europe's senior political figures has said that small and medium-sized enterprises (SMEs) will not provide the region with the major funding required to return it to growth.
  • The Amata B. Grimm infrastructure fund IPO represented the first listing of an energy-related infrastructure fund and only the second listing of an infrastructure fund in Thailand. It is expected to spark copycat transactions
  • ISDA has endorsed the use of PRIME Finance arbitration clauses in standard derivatives documentation
  • The key compliance considerations for private investment funds caught by the looming US statute
  • Ignacio Buil Aldana Act 14/2013, of September 27 2013, favouring entrepreneurs and their internationalisation (the Act), has introduced a wide range of reforms on several insolvency, corporate, tax and labour matters. Regarding insolvencies, the Act (among other changes) significantly reduces the quorum of financial creditors required for court-sanctioned refinancing agreements. It also includes a new out-of-court device in order for debtors and creditors to reach payment agreements binding dissident creditors. With respect to the court-sanctioned refinancing (the so called Spanish scheme), the Act lowers the 75% (of financial debt) support threshold required under additional provision 4 of the Insolvency Act to court-sanction a refinancing agreement to a mere 55%. Further, the Act clarifies that that quorum be superimposed on the quorum required for refinancing agreements under article 71.6 of the Insolvency Act (60% of total debt, including financial debt), in line with both doctrine and case law. This reform is aimed at facilitating Spanish schemes by simplifying and lowering the threshold to reach the relevant majorities. This, of course, may have an effect on existing and future Spanish restructurings even if other key issues such as the ability to cram-down secured creditors is still uncertain, despite relevant developments in this regard (such as the Celsa case).