Resolving structured products and securitisations disputes—key cases


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Banking & Finance expert
Practice notes

Resolving structured products and securitisations disputes—key cases


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Banking & Finance expert

Practice notes
imgtext

This Practice Note sets out certain key cases and associated analysis relevant to structured products and Securitisation practitioners. The cases are divided by topic area and include:

  1. •

    Insolvency and restructuring

  2. •

    Bondholders binding and being bound by other stakeholders

  3. •

    Interpretation of clauses

  4. •

    Flip clauses

  5. •

    Duty of care misrepresentation

  6. •

    Notice of default

  7. •

    Valuations, and

  8. •

    Disclosure to investors

Insolvency and restructuring

Names of partiesJudgment dateCase summaryAnalysis
Re ARM Asset Backed Securities SA [2014] 2 BCLC 364, [2014] EWHC 1097 (Ch)28 March 2014The Luxembourg Commission de Surveillance du Secteur Financier (the CSSF) requested the commencement of liquidation proceedings under article 39 of the Luxembourg Law on Securitisation against a company incorporated in Luxembourg. However, on the application of the directors an order was made in the High Court appointing provisional liquidators of the company, on the grounds that it was insolvent and its centre of main interests was in England.
The company's registered office was in Luxembourg and its sole business was
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Securitisation definition
What does Securitisation mean?

The creation of securities from non-tradable assets.

Read more

Popular documents

An introduction to repo and the Global Master Repurchase Agreement (GMRA)

An introduction to repo and the Global Master Repurchase Agreement (GMRA)What is repo?Repo is the market term for a ‘repurchase transaction’, which involves the sale of an asset by one party (the seller) to another party (the buyer) with a simultaneous agreement between the parties that the seller

What is a true sale in a securitisation context?

What is a true sale in a securitisation context?What is a securitisation?A securitisation is a financing technique used to finance the ownership or sale of types of assets that would otherwise be difficult to finance or sell (ie 'illiquid' assets such as bilateral loans and mortgages and other loans

The insolvency remote SPV in structured finance

The insolvency remote SPV in structured financeSTOP PRESS—Impact of the Retained EU Law (Revocation and Reform) Act 2023: This document contains references to retained EU law (REUL) and associated terms introduced by the European Union (Withdrawal) Act 2018 in connection with Brexit. From 1 January

Synthetic securitisations

Synthetic securitisationsSTOP PRESS—Impact of the Retained EU Law (Revocation and Reform) Act 2023: This document contains references to retained EU law (REUL) and associated terms introduced by the European Union (Withdrawal) Act 2018 in connection with Brexit. From 1 January 2024, REUL that