Clifford Chance

Inhalt abgleichen
This feed contains Clifford Chance publications and news releases.
Letztes Update: vor 52 Minuten 24 Sekunden

Arbitration for Cryptoassets and Smart Contract Disputes

Fr, 21.01.2022 - 10:56
The cryptosphere is booming. New cryptoassets are issued on a daily basis and other applications utilising distributed ledger technology (DLT) are receiving substantial investment from established players and disruptive start-ups. With growth comes a rise in potential and actual disputes. It is therefore timely for this sector to give careful thought as to whether projects, transactions and investments make suitable provision for dispute resolution.

Disputes arising from DLT applications share many similarities with those in other fields of commercial activity. National courts are hearing disputes concerning parties’ failure to perform contracts involving cryptoassets, ownership disputes, IP rights and frauds. On the other hand, aspects of these disputes are novel and may create barriers to securing effective redress. The intangible nature of cryptoassets, the lack of physically established exchanges, potential anonymity (or pseudonymity) of counterparties and immutability of distributed networks all create obstacles to obtaining and enforcing remedies from national courts.

This article explains how arbitration agreements can (and have) been used in the cryptoasset and smart contract contexts to provide effective dispute resolution and provides an overview of some of the many options that creators, users and investors select.

International Regulatory Update 10 – 14 January 2022

Di, 18.01.2022 - 12:42

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

Global Shift: M&A Predictions for 2022

Mo, 17.01.2022 - 17:30
M&A deals reached a record-breaking US$5.1 trillion last year and that looks set to continue in 2022 despite continued uncertainty around COVID-19.

Clifford Chance experts examine the global shifts that will influence the market in the year ahead.

International Regulatory Update 3 – 7 January 2022

Di, 11.01.2022 - 12:18

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

International Regulatory Update 20 – 31 December 2021

Fr, 31.12.2021 - 12:09

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

Sustainability: Recent ESG Developments

Di, 21.12.2021 - 16:48
Environmental, Social and Governance ("ESG") factors have fast risen to the top of the board agenda across all sectors, with increasing awareness that a failure to address these matters can be detrimental both financially and reputationally.  Investor pressure, internal governance and the proliferation of regulatory requirements and voluntary standards across the globe makes this a complex area to manage.

This newsletter is intended to assist banks, financial investors and corporates in keeping up to date with ESG developments.

International Regulatory Update 13 – 17 December 2021

Di, 21.12.2021 - 11:50

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

Paperless International Trade: Achieving harmony between the law and technological potential

Do, 16.12.2021 - 18:04
The development of technologies over the past decade has made paperless trade increasingly attainable. Recently, the disruption caused to supply chains by the COVID-19 pandemic has highlighted the gulf that now exists in many jurisdictions between what is technically possible and what is legally permitted or recognised in relation to the transferable records that underpin international trade.

Transition to the use of electronic transferable records as an alternative to paper-based transactions could reduce the inefficiency, errors, cost and environmental impact arising from the use of paper-based instruments in international trade. With momentum building behind a transition to digital trade, we examine below the current legal framework relating to electronic transferable records in a number of jurisdictions, and the efforts towards reform that are being made in the international community.

Contractual continuity for "tough legacy" contracts

Di, 14.12.2021 - 14:49
With time ticking until the end of 2021 when at least certain settings of LIBOR will cease, the UK authorities are finalising their plans for “tough” legacy through the means of legislation and powers granted to the FCA.

In this article in Butterworths Journal of International Banking and Financial Law (JIBFL), we examine such legislation and powers with a comparative eye to alternative solutions in the US and the EU.

International Regulatory Update 6 – 10 December 2021

Di, 14.12.2021 - 12:15

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

New Euro Area Model Collective Action Clause

Mo, 13.12.2021 - 18:07

The existing euro area model collective action clause ('CAC') became mandatory in all new euro area government securities with a maturity over one year issued on or after 1 January 2013 as a result of Article 12 of the Treaty Establishing the European Stability Mechanism (the 'ESM Treaty').

At the Euro Summit held on 14 December 2018, the Heads of State and Government of euro area member states confirmed the commitment to reform the 2012 Euro Area CAC, following an announcement by euro area finance ministers earlier that month. These announcements were made as part of policy measures intended to strengthen Economic and Monetary Union.

The EFC Sub-Committee on EU Sovereign Debt Markets (the 'EFC Committee') took on the role of producing the update to the 2012 Euro Area CAC which is again in the form of common terms of reference and is available here.

An explanatory note and voluntary supplemental provisions, have been published alongside this updated CAC (the 'Single-limb CAC').

On 7 December 2021, the Economic and Financial Sub-Committee on EU Sovereign Debt Markets issued a Press Release delaying the introduction of the new Single-limb CAC pending ratification of the related Amending  Agreement to the Treaty Establishing the European Stability Mechanism. The press release is available here.

International Regulatory Update 29 November – 3 December 2021

Di, 07.12.2021 - 13:19

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

How data and DLT can accelerate sustainable finance

Fr, 03.12.2021 - 11:49
"Greenwashing" – the making of unsubstantiated claims about the sustainability of an investment product – is high on regulators' agendas for 2022 and it is crucial that ESG capital markets are transparent for the benefit of both issuers and investors.

Technology and innovation have an important role to play in addressing these risks and ensuring the continued growth of the sustainable finance market, which has surged in recent years and is worth in excess of US$3 trillion.

COP26: Global Methane Pledge - The move from aspiration to action

Do, 02.12.2021 - 19:28
The Global Methane Pledge, which was launched at COP26, was heralded by European Commission President von der Leyen as "the moment when the world moves from aspiration to action."

Following agreement on 2 November 2021, the EU, US and 103 other countries, including the UK, had signed the Pledge. Current signatories constitute 70% of the global economy and account for nearly half of global methane emissions. Significant methane emitters that have not yet committed to join the Pledge include China, Russia and India.

COP26: Commitment to stop financing fossil fuels abroad

Do, 02.12.2021 - 19:09
At COP26, 21 countries, including the US and the UK, together with a number of development banks signed a pledge to stop public financing of fossil fuel projects by the end of 2022 and to divert their spending into clean energy.

International Regulatory Update 22 – 26 November 2021

Di, 30.11.2021 - 10:26

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

International Regulatory Update 15 – 19 November 2021

Di, 23.11.2021 - 12:38

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.

COP26: Article 6 Rulebook for the new Global Carbon Market Mechanism agreed

Fr, 19.11.2021 - 13:09
Some 6 years after the Paris Agreement, COP26 has resulted in agreement on a global carbon market mechanism (GCMM) largely completing the so-called 'Paris Agreement Article 6 Rulebook'.

Key decisions (the Rules) have been made on the eligibility of projects and activities to be included in the GCMM, the approval process and issuance of credits, the making of corresponding adjustments to host state's emission accounts, and how to deal with legacy projects and credits under the Kyoto Protocol's Clean Development Mechanism (CDM). In this briefing, we discuss the key elements along with the likely impacts on the compliance markets and voluntary carbon markets.

International Regulatory Update 08 – 12 November 2021

Di, 16.11.2021 - 08:38

Clifford Chance's International Regulatory Update is a weekly digest of significant regulatory developments affecting banking and investment banking business, drawing on our daily content from our Alerter: Finance Industry service.