By Andrew McKnight
'An outstanding and indispensable work by a well-informed practitioner and accomplished writer. An excellent book.' - Philip Wood, Allen & Overy LLPThis major practitioner text analyses the legal issues surrounding international finance transactions operating under English law. The work provides a detailed transaction-led discussion of all aspects of international financing, with supporting analysis of the commercial and regulatory background and the legal principles which underpin international finance practices. The author discusses and tackles the problem areas with valuable references to the relevant authorities.
A comprehensive treatment of the subject is provided with topics including regulation of banking activities, loan facilities, jurisdiction and the resolution of disputes, legal opinions in financial transactions, syndicated lending, bond issues, derivatives and structured finance, given substantial coverage. There is also rare coverage of the types of transaction that are used in equipment financing.
Conflicts of law issues and cross-border insolvency are examined in considerable detail with problem issues identified and discussed at length. For example, the author examines how to determine which governing law should be applied in order to resolve a dispute and the effect of foreign legislation on a transaction. The Legal Opinions chapter contains three specimen forms of legal opinion, with supporting, explanatory commentary: English law legal opinion, foreign law opinion as to foreign borrower and foreign law opinion as to foreign security.
This is a major new authority for all those involved in international finance transactions structured according to English law. Comprehensive and highly analytical, this work provides important solutions to those difficult issues confronting practitioners specialising in international finance.
- Transaction-led commentary explains the practical issues surrounding international finance governed by English law
- Strengthens understanding of international finance by identifying and providing solutions to problem areas
- Analysis of the legal principles underlying international finance and references to supporting authorities substantiates discussion of difficult issues
- Includes unique and valuable coverage of the types of transaction used in equipment financing such as conditional sale, hire purchase and finance lease
- A substantial chapter demystifies conflicts of law issues in transactions and considers how to determine which governing law should be applied
- Includes specimen forms of legal opinion with supporting commentary
- Andrew McKnight draws upon his substantial experience as both an international finance practitioner and academic to effectively balance scholarly analysis with practical advice
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
17. The Reform of the English Law of Secured Transactions