EU law

Respect my authority: considering capacity to enter into swaps

By James Hanley on February 19, 2024

Posted in Derivatives, EU law, ISDA, Litigation, Uncategorized

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In Banca Nazionale del Lavoro, Commerzbank and Dexia Credit Local v Provincia di Catanzaro [2023] EWHC 3309 (Comm), the High Court granted summary judgment in favour of the joint bank claimants against the Italian public authority, Provincia di Catanzaro (“Catanzaro”). This is the latest in a succession of cases in which Italian local authorities have relied on Italian law arguments as to capacity, authority and/or validity as a basis for arguments that English-law governed derivative transactions on standard ISDA terms and subject to exclusive English jurisdiction, to which they had agreed, are invalid.Continue Reading Respect my authority: considering capacity to enter into swaps

Webinar: Emissions-Linked Trading in the US and EU

By Robyn Llewellyn on September 22, 2023

Posted in Carbon Pricing, Derivatives, ESG, EU law

The underlying rationale for emissions trading is that derivatives could save the planet or, at the least, could be an influence for good.

Emissions trading is an asset class which is purely a creature of regulation, and that leads to many intricacies, nuances, and traps for the unwary, which are not found in other types…

Ad Hoc EU Capital Markets and OTC Derivatives Seminar

By Robyn Llewellyn on December 9, 2022

Posted in Derivatives, EU law, Regulation

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On Thursday 15 December, Mayer Brown’s Capital Markets team in Germany invites you to an ad hoc webinar on the proposed EU Capital Markets Union package, including the Listing Act and amendments to OTC Derivatives Clearing in the EU.

On 7 December 2022, the European Commission proposed a host of measures designed to facilitate further…