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The Law and Practice of International Banking (2nd Edition)

Charles Proctor


This book provides authoritative analysis of current practice in international banking and the law that applies to it. Topics covered include: syndicated loans, security structures, derivative products, and mis-selling claims. The book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as worldwide freezing injunctions, foreign disclosure orders, the bankers' duty of confidentiality, and the impact of sanctions on banking transactions. In particular, the book provides examination of various matters arising out of the Lehman collapse and the failure of the Icelandic banking system. This second edition reviews a significant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a section on this highly specialized but increasingly important area. The new edition provides consideration of the new UK and EU regulatory regimes, analysing the respective responsibilities of the UK Prudential Regulation Authority (PRA) and the UK Financial Conduct Authority (FCA), and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that will apply to banks in the wake of Basel 3. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines the new regimes for ‘ring-fencing’ of retail banking business and for the resolution of failing banks, introduced at both the UK and EU levels. The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone — a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewed strains.

Bibliographic Information

Charles Proctor, author

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