Publication
South Africa: The “Big read book series”
Welcome to Volume 18 of Norton Rose Fulbright’s Big Read Book series, Norton Rose Fulbright’s review of Zimbabwe’s insurance judgments (2003-2023).
Global | Publication | September 2018
Innovation in financial technology is set to transform the delivery of financial services. In this edition of the Banking and finance disputes review, we consider possible disputes that may arise out of new technology and the associated regulation and investigations.
In Blockchain disputes: an introduction, we give an overall picture of the rights and obligations that will be created when blockchain technology is used, the types of dispute that might arise and possible dispute resolution mechanisms. Then, Applying US financial regulatory statutes in cryptocurrency disputes addresses one important aspect of disputes in relation to the principal current use of blockchain technology.
Regulatory oversight and internal investigations are often a precursor to litigation. In Waiver of privilege in investigations, we look at recent caselaw that may apply whenever an internal investigation leads to litigation. Another trap for the unwary at the pre-litigation dispute stage is examined in Freedom of contract and oral variation: freedom to or freedom from?
For disputes involving financial institutions, we continue to look at recent and future developments. Valuation of financial assets: Discretion in a crisis and Enforcing security over property consider recent judgments dealing with actions taken following breach of contract that are ultimately the subject of litigation. Competing jurisdiction clauses: ISDA wins explains how the Court of Appeal has tried to resolve an important issue affecting the ISDA Master Agreement. Finally, we have our regular attempt at prediction, based on statistical analysis from the Court Intelligence Database, Banking litigation trends: An update.
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Publication
Welcome to Volume 18 of Norton Rose Fulbright’s Big Read Book series, Norton Rose Fulbright’s review of Zimbabwe’s insurance judgments (2003-2023).
Publication
The DOL issued a final rule expanding the definition of an “investment advice fiduciary.”
Publication
With the Court of Final Appeal (CFA) decision of Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8 being handed down on 10 April 2024, the legality and constitutionality of the use of “Letters of No Consent” (LNCs) by the Police has been finally confirmed.
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