Arbitration analysis: The Paris Court of Appeal dismissed Bolivia’s application to set aside a USD 253.5 million investment treaty award in favour of Glencore Bermuda arising from the nationalisation of Bolivian mining assets. The Court held that alleged illegality of an investment affects jurisdiction only where the applicable treaty makes compliance with host-State law a condition of consent to arbitration. It also rejected treaty-shopping allegations, finding no established restructuring after a specific dispute had arisen or significant treaty advantage, and dismissed the public-policy challenge for lack of serious, precise and corroborated evidence linking corruption to Glencore’s acquisition. The decision reinforces the distinction between jurisdictional conditions and substantive protection, and clarifies evidential thresholds for abuse of process and corruption challenges in annulment proceedings. Produced in partnership with Julie Spinelli and Gabriele Ruscalla, partners at Le 16 Law in Paris.

This Practice Note contains information about the resources in the Banking & Finance module which an in-house banking and finance lawyer may find useful. It is written for banking and finance lawyers working in banks and other financial institutions. It covers: • lending • security • guarantees and comfort letters • on demand guarantees/bonds and letters of credit, and • set-off and netting It also covers specialist types of finance: • acquisition finance • asset finance • islamic finance • project finance • real estate finance • trade and commodity finance • debt capital markets • derivatives, and • structured products and securitisation It also covers Technology in banking & finance transactions and Sustainable finance and ESG. Restructuring (for more detailed information on restructuring, see the Restructuring & Insolvency module). This Practice Note also contains information about other useful resources in the Banking & Finance module for in-house lawyers, including: • current awareness and keeping up-to-date, and • cross border Please also refer to Practice Note: Regulatory resources for in-house

Lending Loan Market Association (LMA) Loan Syndications & Trading Association (LSTA) Alternative Investment Management Association (AIMA) Asia Pacific Loan Market Association (APLMA) Association of Corporate Treasurers (ACT) UK Finance International Securities Lending Association (ISLA) LIBOR Bank of England (BoE) ICE Benchmark Administration Asset finance UK Finance Aviation Insurance Clauses Group (AICG) Baltic and International Maritime Council (BIMCO) Civil Aviation Authority (CAA) Acquisition finance British Private Equity & Venture Capital Association (BVCA) Global Private Capital Association (GPCA) Invest Europe Islamic finance Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) International Islamic Financial Market (IIFM) Islamic Financial Services Board (IFSB) Islamic International Rating Agency Project finance

Regulatory architecture Bank of England Financial Conduct Authority (FCA) FCA Handbook Financial Ombudsman Service Prudential Regulation Authority (PRA) PRA Rulebook PRA—Solvency II European Insurance and Occupational Pensions

UK regulatory architecture Bank of England Companies House Competition and Markets Authority (CMA) Department for Business and Trade Financial Conduct authority (FCA) FCA Handbook Financial Policy Committee (FPC) Financial Ombudsman Service (FOS) Financial Services Compensation Scheme (FSCS) Home Office Payment Systems Regulator (PSR) HM Treasury Prudential Regulation Authority (PRA) PRA Rulebook The Pensions Regulator UK financial services associations/bodies/organisations Advertising Standards Authority (ASA) Alternative Investment Management Association (AIMA) Association of British Insurers (ABI) Association of Investment Companies (AIC) British Insurance Broker's Association (BIBA) British Private Equity & Venture Capital Association (BVCA) Financial Markets Law Committee (FMLC) Financial Reporting Council (FRC) ICE Benchmark Administration (IBA) Information Commissioner's Office (ICO) The Investment

Industry bodies The Insolvency Service Institute of Chartered Accountants of England and Wales Insolvency Practitioners Association Insolvency Lawyers’ Association R3 City of

Commentary and explanation The Financial Conduct Authority in the UK provides a brief explanation

ARCHIVED: This document is archived, and is no longer maintained. European Commission The official website of the European Commission includes: • the main legislative texts • delegated and implementing acts, and • background documents The European Commission website providing information on the Prospectus Regulation is found here. Eur-Lex

Social media content usually in the form of text, testimonials, tweets, blog posts, images, video and audio uploaded to websites by users of the site.

In-house lawyers are increasingly being asked to do more with less, often with little or no administrative support. This Practice Note provides practical tips on how you can use artificial intelligence (AI) for everyday administrative tasks, helping to free up your time to focus on higher-value legal work and improve your work-life balance. AI’s biggest impact for in-house lawyers is likely to be more cumulative rather than dramatic. A few minutes saved on each email, summary, or note can translate into several hours of reclaimed time each week. The key is to start small: identify one or two areas of routine work that cause friction, experiment with AI support, and refine your approach. Over time, these small efficiencies can transform how your legal team manages its day-to-day workload. What AI can and cannot do Generative AI can be an exceptionally useful tool to assist with the routine and repetitive administrative tasks that are a daily time-drain for in-house lawyers. However, there are limits to how AI can (and should) be used by

This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to: • consider the nature of the IP right • consider the type of security • consider ownership, duration, and third-party rights • consider validity and maintenance of the right • value the IP right • consider associated rights and property • register the security at the appropriate registry For further information on taking or perfecting security over IP, see: • Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests • Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage of the copyright in a literary work: Encyclopaedia of Forms and Precedents

Construction analysis: The Court of Appeal held that a party which had not complied with an adjudicator’s decision was entitled to commence and continue with Part 8 proceedings seeking a declaration challenging the validity of the payment application on which the adjudicator’s decision was based. Such proceedings were not an abuse of process. The court went on to provide guidance as to how such Part 8 proceedings should be managed alongside the enforcement of the adjudicator’s decision, stating that the judge at the Part 8 hearing should have considered the Part 8 through ‘the prism’ of the adjudicator’s decision. On the substantive issue, the Court of Appeal held, allowing the appeal, that the payment application was valid. The two sets of dates in the contract should be understood as providing some flexibility for the application to be valid so long as the second date was met, even if the first date was missed. Written by James Frampton, barrister at Keating Chambers (counsel for the respondent).