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Articles 1 - 4 of 4
Full-Text Articles in Banking and Finance Law
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
ExpressO
ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …
The Evolving Law On The Eurobank—Customer Relationship And The Common Law., Edmund M. Kwaw
The Evolving Law On The Eurobank—Customer Relationship And The Common Law., Edmund M. Kwaw
ExpressO
The traditional common law rules respecting the banker-customer relationship are based on the notion that money on deposit is physical cash that has a location. Since eurocurrency deposits are book entries and not deposits of cash, this approach gives rise to problems when it is applied to the relationship between a eurobank and its customer. Thus far, decisions involving eurocurrency market deposits have been far from certain as to whether the traditional common law or a modified approach applies to the relatoinship between the eurobank and its customer. There is the need for Courts to introduce clarity and certainty into …
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
ExpressO
This paper focuses on curtailing the corruption inherent in the lending practices of the IMF and, subsequently, preventing another economic disaster as has occurred in Argentina. In fact, if it is at all to succeed in future attempts to restore a state’s monetary and fiscal standing, the IMF should incorporate language of the Accounting and Record-keeping provisions of the U.S. Foreign Corrupt Practices Act into its loan agreement policies, thereby conditioning its loans upon transparency and good governance over borrowed funds. Part I of this article introduces corruption and its affect on international lending. Part II describes the IMF and …
Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile
Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile
All Faculty Scholarship
The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …