The Law of International Finance

Overview


This new major practitioner text provides an analysis of the legal issues that arise in, and the commercial and regulatory background of, international financing transactions.

The work opens with an overview of the various methods of raising international finance set in the context of the legal and regulatory issues. The author covers ways in which a creditor may be protected against default considering security, quasi-security and guarantees. There is also a discussion of the ...

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Overview


This new major practitioner text provides an analysis of the legal issues that arise in, and the commercial and regulatory background of, international financing transactions.

The work opens with an overview of the various methods of raising international finance set in the context of the legal and regulatory issues. The author covers ways in which a creditor may be protected against default considering security, quasi-security and guarantees. There is also a discussion of the content and structure of a loan agreement, examining each part of such an agreement in the context of the relevant legal principles. A chapter on syndicated lending follows the discussion of the loan agreement, setting out important theoretical and legal issues relevant to cases involving multi-bank financing.

A substantial section of the work is given to an explanation of the conflicts of laws issues which may arise in an international transaction. In this section important aspects such as dispute resolution and sovereign/state immunity are covered in detail. The work concludes with guidance on matters relevant to specific areas of finance such as projects, derivatives and bonds and, finally, a discussion of the purpose and methods of loan transfers and securitization.

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Product Details

  • ISBN-13: 9780199244713
  • Publisher: Oxford University Press, USA
  • Publication date: 1/8/2009
  • Pages: 1600
  • Product dimensions: 9.80 (w) x 7.00 (h) x 2.10 (d)

Meet the Author

Andrew McKnight has been a practitioner and academic specialising in English and international banking and finance law for many years. As a practising solicitor, he has specialised in financing transactions, comprising debt, asset-based and other related instruments, as well as cross-border work. His work has involved advising financial institutions, borrowers and issuers in the provision of finance and financial products to financial institutions, state and public sector bodies, large corporates and for projects. This has included new financings, re-financings, financial reconstructions and insolvency, secured finance, asset and receivables purchase, transfer and user arrangements, capital markets and structured financings. He has also advised on regulatory issues concerning financial institutions in the UK. He is based in London and is now a consultant to an international law firm, having previously been a partner in a City of London law firm for 12 years, including being the managing partner of its banking department for two years. Prior to that he worked as an associate solicitor in London, Tokyo and Sydney.

He also holds two academic posts, being a Visiting Professor of Law at The London School of Economics and Political Science and also at Queen Mary College, University of London. He teaches post-graduate courses on banking, secured finance and international finance at those institutions for the LLM degree.

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Table of Contents

PART A: INTRODUCTORY AND GROUND LEVEL MATTERS
1: Introductory Matters
2: Banking Regulation
3: Loan Facilities
PART B: CONFLICT OF LAWS AND CROSS-BORDER ISSUES
4: Conflict of Laws in Transactional Matters
5: Cross-border Insolvencies
6: Jursidiction and the Resolution of Disputes
7: Sovereign Immunity, International Organisations and State Insolvency
8: Legal Opinions
PART C: COMPOSITE AND SPECIALISED FINANCING TRANSACTIONS
9: Syndicated Lending
10: Bond Issues
11: Derivatives Transactions
12: Loan Transfers, Securitisation and Structured Finance
13: Project Finance
PART D: SECURED TRANSACTIONS, EQUIPMENT FINANCE AND GUARANTEES
14: Secured Transactions
15: Equipment Finance
16: Guarantees
17: The Reform of the English Law of Secured Transactions
PART A: PRELIMINARY CONSIDERATIONS IN FINANCE TRANSACTIONS
1. An introduction to the various methods of raising international finance
2. Legal issues that may affect a finance transaction
3. Regulatory matters affecting a bank in a finance transaction
PART B: PROTECTING A CREDITOR AGAINST DEFAULT
4. Security
5. Quasi-security and title finance
6. Guarantees
PART C: CONFLICT OF LAWS AND THE INTERNATIONAL CONTEXT
7. Conflict of laws in finance transactions
8. The resolution of disputes in international transactions
9. Sovereign/state immunity
10. Legal opinions
PART D: LOAN FINANCE
11. The provisions of a loan agreement and the relevant legal principles
12. Syndicated lending
PART E: SPECIALIST AREAS OF FINANCE
13. Project finance
14. Derivatives and hedging transactions
15. Bond issues
PART F: TRANSFERRING LOAN ASSETS AND RECEIVABLES
16. Loan transfers
17. Securitisations

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