Banking and Finance Law Review

Just came across a fascinating case? Share your insights with us! 📚 We're eager to highlight legal viewpoints from around the globe in the Banking and Finance Law Review 🌍 Reach out to our Case Notes & Comments Editor, Dr. Casey Watters, to submit your ideas: cwatters@bond.edu.au 🙌

Are there interesting changes and new developments happening in your field of law? We'd love to hear your insights! ⚖️ If you're interested in submitting a brief article to the BFLR, reach out to our Recent Developments Editor at mwhhsiao@cityu.edu.hk 📖 #BFLR #LegalScholarship

Look forward reading Jen's review!

Thank you very much, Dr Jennifer L.L. Gant, for reviewing our book! Cross-border insolvency protocols have recently been used in cases involving one of the world’s largest coffee traders Mercon Coffee Corporation and the failed crypto hedge fund Three Arrows Capital.

Dr Jennifer L.L. Gant’s literature review of “Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups,” written by Ilya Kokorin & Bob Wessels, offers a comprehensive exploration of international corporate insolvency, tracking the evolution of ad hoc protocols and formal legal frameworks like the EIR Recast 🌎 📖 Addressing the complexities of multinational enterprises in financial distress, the authors propose future improvements for protocols. This invaluable resource provides insight for practitioners, scholars, and policymakers navigating cross-border insolvency, offering essential guidance for efficient resolution and value protection in the global economy 📊🙌 #BFLR #Insolvencies #EIRRecast

In “The Consequences of a Misleading Deed of Company Arrangement in Australia,” Michael D Wells and Kiara Ricupito compare Australian voluntary administration with Canadian DOCAs, reviewing key legal principles and court considerations within the North American context 🇦🇺 🇨🇦 🌎 The authors emphasize the critical importance of accurate information to creditors—misleading details could lead to court intervention and the termination of a DOCA 🚫📉. This is a must-read for those navigating insolvency law! #InsolvencyLaw #CorporateLaw #BankingAndFinanceLawReview

We are proud to support Arun Jaitley International Insolvency and Bankruptcy Moot Competition, now in its 7th Edition. The competition is a collaborative effort of the Centre for Transnational Commercial Law at National Law University, Delhi, INSOL India India and the Insolvency Law Academy, and is supported by Insolvency & Bankruptcy Board of India (IBBI) and UNCITRAL: Regional Centre for Asia and the Pacific. This competition is significant as it marks India’s first International Insolvency and Bankruptcy Moot Competition focused and following the enactment of the Insolvency and Bankruptcy Code, 2016. The inaugural session centered on the ‘Corporate Insolvency Resolution Process.’ This year’s theme, ‘Corporate Groups and Cross-Border Insolvency,’ is expected to stimulate dynamic discussions, we eagerly anticipate their compelling presentations before a distinguished panel of judges, including esteemed members of the National Company Law Tribunal and the National Company Law Appellate Tribunal, along with leading insolvency practitioners and professionals. This year, 16 teams have successfully qualified to proceed to the next rounds, competing under the theme ‘Corporate Groups and Cross-Border Insolvency.’ We look forward to witnessing their impressive arguments and insights!, the esteemed institutions

Is your new article on banking or financial law nearing completion? 🌟 Submit it to the BFLR to highlight the innovative progress in your field! We’re excited to hear your unique insights📚 By sharing your research, you enhance the understanding and practices in banking and financial law 📖 Contact our Editor-in-Chief, submissions@bflr.ca, to submit your article today! 🙌 #BFLR #LegalScholarship #LegalArticles

In this paper, Brad Hanna and Anthony Labib detailed how the Supreme Court of Canada | Cour suprême du Canada 2020 decision in C.M. Callow v. Zollinger expanded the contractual duty of good faith, requiring parties to correct their counter-party's mistaken belief arising from the contractual relationship ⚖️ This duty, which includes addressing misleading omissions or half-truths, applies broadly to commercial contracts, impacting the financial industry significantly 🙌 This paper analyzes post-Callow jurisprudence to clarify when and how the duty to correct arises, offering four key principles and practical considerations for contracting parties to avoid liability. The findings are relevant to commercial actors, financial services, legal practitioners, and academics 💯 #BFLR #DutyofGoodFaith

We are thrilled to announce that the BFLR has been cited in the recent Court of Appeal of Québec decision, Eurobank Ergasias V. Bombardier Inc., 2022 QCCA 802 ⚖️ The court referenced John Dolan’s insightful article, "Tethering the Fraud Inquiry in Letter of Credit Law" (2006) 21 BFLR 479, which critiques the autonomy principle and the BC Court of Appeal’s decision in 430872 B.C. Ltd. V. KPMG Inc., 2004 BCCA 186 📚 We're proud to see Dolan’s analysis resonate in such an important context. This recognition underscores the ongoing relevance and impact of our scholarship in the complex and dynamic world of banking and finance law. #BFLR #AutonomyPrinciple