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International Restructuring Newswire
Welcome to the Q2 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Global | Publication | November 2019
In this edition of Insurance Focus we consider the growing need for insurance companies to take an holistic approach to managing the risks posed by climate change. For many years insurers have been expert at understanding how the weather may impact claims, but regulators are now expecting insurers to consider how the changing climate will impact both sides of the balance sheet.
In Italy, new insolvency laws that are designed to support the maintenance of goodwill look set to impact D&O policies; lawyers from our Milan office discuss the likely impact of the new code.
The ‘fairness revolution’ in Australia continues in the aftermath of Commissioner Hayne’s Royal Commission report. A new contract terms regime to ensure the greater protection of consumers will require a review of existing policy terms.
As China increasingly opens up financial markets to foreign investment, lawyers from our Shanghai office summarize the requirements for operating in the newly liberalized Chinese insurance market.
Our regular case notes section discusses the first case to consider the Insurance Act 2015 and the recent shock in the portfolio transfer market when a UK judge refused to sanction a ‘Part VII’ transfer of annuity business. Also in the UK, the Court of Appeal has recently reviewed the practice of ‘spiking’ mesothelioma liabilities within a policy period. From the Supreme Court in New South Wales we report on a recent case that considers whether section 54 of the Insurance Contracts Act can assist insurers where the insured could not reasonably know of circumstances that might give rise to a claim. Finally, we consider a 2019 decision of the Court of Justice of the European Union that considered the meaning of the Solvency II Directive in respect of location of risk.
We also include a number of short summaries of interesting developments from different jurisdictions.
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Welcome to the Q2 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
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n a long-running dispute, taking in no less than three arbitrations spanning 26 years cumulatively (involving allegations of state interference in the arbitral process), the Court has provided useful guidance on the ss.67 and 68 challenges, particularly in the context of investor-state claims.
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Our Asia Competition Law facts sheets provide insights into the main competition law regimes across Asia, reflecting the experience and reach of our Asia competition team in an ever changing and increasingly complex competition law environment.
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