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  • Brexit
23 Dec 2016

Negotiating and Mediating Brexit

Horst Eidenmüller, St Hugh's College

The Brexit referendum in the UK has thrown the European Union into a crisis. Crises hold the potential for disaster – but also for a constructive and creative new beginning. Much will depend on...

OBLB categories

  • Brexit
16 Dec 2016

Could the CJEU smooth Brexit?

Marco Lamandini | David Ramos Muñoz

In Europe free movement of capital is enshrined in Article 63 TFEU. However, this freedom had a very slow start; it was recognised as having direct effect only after the CJEU Bordessa judgment. Yet,...

OBLB categories

  • Financial Regulation
07 Dec 2016

Intermediate EU Parent Undertaking Requirement for non-EU G-SIBs

Heinrich Nemeczek | Sebastian Pitz

Introduction On 23 November 2016, the European Commission published a package of proposals amending the Capital Requirements Directive and associated Regulation (CRD and CRR, together CRD 4), the...

OBLB categories

  • Brexit
07 Nov 2016

Brexit-Related SEC Disclosure Trends

Skadden, Arps, Slate, Meagher & Flom

Four months after the United Kingdom voted to exit the European Union, the scope and timing of Brexit remain unclear. Until such details are determined, there will be economic and political...

OBLB categories

  • Brexit
28 Oct 2016

How Brexit Will Happen: A Brief Primer on EU Law and Constitutional Law Questions Raised by Brexit

Holger Hestermeyer

My article is intended as a primer on questions that Brexit raises with respect to EU law and UK constitutional law. Article 50 TEU states that ‘[a]ny Member State may decide to withdraw from the [...

OBLB categories

  • Brexit
  • Corporate Tax
  • Financial Regulation
27 Oct 2016

Corporate Law after Brexit

Michael Schillig

Three months after the UK’s vote to leave the EU, the Prime Minister, Theresa May, has clarified the time line and mode of operation for the eventual exit. It is envisaged that Article 50 TFEU will...
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OBLB categories

  • Brexit
27 Oct 2016

How Brexit will Fail

Pavlos Eleftheriadis, Mansfield College

If Brexit fails, it will do so because withdrawal happens suddenly and with no indication about the future arrangements that will replace membership in the EU. In this short note, I explain how this...
Featured

OBLB categories

  • Brexit
26 Oct 2016

Reading the Tea Leaves? Private International Law in England after EU Exit

Andrew Dickinson, St Catherine's College

The events of 23 June 2016 have turned lawyers into end of the pier fortune tellers. Starved of signal, and befuddled by noise, who among us has not uttered a sentence to a client or colleague in the...

OBLB categories

  • Brexit
24 Oct 2016

Article 50 Notification – in the Courts and in Parliament

Allen & Overy

Article 50 of the Treaty of the European Union (TEU) sets out the process by which an EU Member State may withdraw from the European Union. It provides that a Member State may decide to withdraw “in...

OBLB categories

  • Brexit
  • Commercial Law
11 Oct 2016

English Law Contracts Post-Brexit: What Changes Should Commercial Parties Expect?

Herbert Smith Freehills

The UK referendum vote in favour of Brexit on 23 June has inevitably raised questions as to how English law contracts will be affected and whether English law remains an appropriate choice for...

OBLB categories

  • Brexit
04 Oct 2016

Brexit and Financial Markets Law

Dörte Poelzig | Max Bärnreuther

What are the consequences of Brexit from a financial markets law perspective? Given that the precise form of Brexit is not yet known – is Britain going to choose the New York, Swiss, Turkish or any...

OBLB categories

  • Brexit
  • Financial Regulation
29 Sep 2016

The Regulatory Landscape of Brexit for CLOs: Where to From Here?

Clifford Chance

The UK's vote to leave the EU has raised questions across the financial markets and answers are only beginning to trickle through. For CLO (Collateralised Loan Obligation) market participants – and...

OBLB categories

  • Brexit
  • Commercial Law
28 Sep 2016

Brexit: Consequences for Austrian Limited Companies

Schoenherr

On 23 June 2016, the UK voted in a referendum to determine whether it should remain a member of the EU. The country voted by a margin of 52% for a future outside the EU. As of today, there is...

OBLB categories

  • Brexit
  • Corporate Tax
  • M&A
27 Sep 2016

Will the New UK Government Set the Course for a Stable and Coherent Tax Policy?

King & Wood Mallesons

In the immediate aftermath of the UK's vote to the leave the EU, it has become commonplace in Britain for the news to be viewed through a Brexit prism: what does it tell us about the UK's position in...

OBLB categories

  • Brexit
06 Sep 2016

ICYMI: "Legislation: Who exactly is taking back control after Brexit?"

OBLB Editors

It is commonly stated that the UK’s departure from the EU will immediately cause a legislative and administrative task on an immense scale, as the UK picks and chooses which EU-sourced rules it will...
Featured

OBLB categories

  • Brexit
  • Corporate Finance
  • Financial Regulation
06 Sep 2016

The United States dominates global investment banking: Does it matter for Europe?

Charles Goodhart | Dirk Schoenmaker

1. Introduction Europe’s banks are in retreat from playing a global investment banking role. It is a consequence of the regulatory impositions of recent years, notably of the ring-fencing...

OBLB categories

  • Brexit
25 Aug 2016

Austria, Finland, France, Germany and the Netherlands Propose an Intra-EU Investment Agreement with Traditional Investment-treaty Arbitration for all 28 EU Member States

Volterra Fietta

A document leaked in April 2016 revealed that at least 5 EU-member States (Austria, Finland, France, Germany and the Netherlands) are proposing to replace their existing bi-lateral investment...

OBLB categories

  • Brexit
  • Financial Regulation
18 Aug 2016

UK Votes To Leave The EU: What Does it Mean for Asset Managers?

Dechert LLP

This post comes to us from Peter D. Astleford, Richard Frase, Christopher Gardner, Richard L. Heffner, Jr, Stuart Martin and Andrew Hood of Dechert LLP. The voters have spoken. Britain will (absent...

OBLB categories

  • Brexit
15 Aug 2016

Brexit - What Does It Mean for Debt Products and Finance Transactions?

Freshfields Bruckhaus Deringer

Introduction A UK vote to leave the EU has far-reaching political implications. Many commentators also foresee economic consequences, and such volatility would have commercial ramifications for...

OBLB categories

  • Brexit
  • Financial Regulation
14 Aug 2016

European Derivatives Regulation in a Post Brexit World: Spotlight on EMIR

Paul Hastings LLP

In our recent Paul Hastings ‘Stay Current’ publication, we provide legal reaction to Brexit for European derivatives and derivatives regulation, focusing on the European Markets and Infrastructure...

OBLB categories

  • Brexit
  • Financial Regulation
10 Aug 2016

UK Financial Services Regulation and Brexit: the Fracturing of Financial Governance

Niamh Moloney

The financial services industry is one of the most heavily regulated sectors of the modern economy reflecting the need to protect the public interest in a strong and stable financial system. The UK’s...

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