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Briefings in English - 2008

Proposed changes to the US national security review of transactions

The US Treasury Department recently issued proposed regulations completely updating and revising the existing regulations originally issued under Exon-Florio, which provides for national security review of foreign investments in the US. The proposal to some extent seeks to memorialise certain existing practices but also underscores the breadth of transactions potentially reviewable and the considerable amount of information required to be supplied as part of the review process. (May 2008)

Claims co-operation clauses – notification of claims

The Court of Appeal has recently overturned the first instance decision of Mr Justice Morison in AIG v Faraday (2006). The decision has important ramifications for reinsurers considering the type of claims co-operation clauses to include in their policies, and contains key clarification of the effect of the previous Court of Appeal decision in Royal & Sun Alliance v Dornoch (2005). (January 2008)

President Bush issues changes to the Exon-Florio U.S. national security review process

President Bush has issued an Executive Order laying the groundwork for the implementation of changes to the U.S. national security review process called for by legislation enacted by Congress last year. It is expected that the Committee on Foreign Investment in the United States soon will issue proposed changes to the relevant regulations governing the review process. (January 2008)

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