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We have placed cookies on your device to help make this website better. You can adjust your cookie settingsotherwise we'll assume you're okay to continue. Privacy Policy. Home Search In. Previous Fields Gender Female. Profile Information Location southampton hampshire. Gutted im going to miss this one sounds like a great place to go, next year I will make sure i book my holiday round the gp dates.

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Where this is the case, such disputes are resolved on the basis of the governing law, which often is English law in the context of cross-border Islamic finance disputes. However, such issues relating to the choice of law in Islamic finance transactions should not deter parties from opting to resolve their disputes using arbitration.

To date, Kuala Lumpur is considered a leading centre for Islamic finance. This industry expertise places Malaysia on a strong footing to spearhead the growth of Islamic finance arbitration. A prime benefit of resolving Islamic finance disputes in Malaysia is that the national legal framework explicitly supports the resolution of Islamic finance disputes through civil proceedings or arbitration.

This, in turn, conserves and protects public interest. Additionally, the AIAC i-Arbitration Rules also provide for the technical review of awards, which are aimed verifying the procedural aspects of the dispute and ensuring that the award meets the formal requirements at the seat, to minimise any issues with enforcement.

Despite the above-mentioned advantages of arbitrating Islamic finance disputes in Malaysia, the uptake of the same has been low across the board. In this regard, the AIAC will also be making a greater investment to revitalise its Islamic arbitration offering in the near future. To make sure you do not miss out on regular updates from the Kluwer Arbitration Blog, please subscribe here. To submit a proposal for a blog post, please consult our Editorial Guidelines. Your email address will not be published.

Save my name, email, and website in this browser for the next time I comment. This site uses Akismet to reduce spam. Learn how your comment data is processed. This is what Obert described earlier as being the discretionary element in systematic trading. In addition, Systeia also had to revisit the rules governing its discretionary portfolios. You need to be proactive in this manner in order to retain good clients. It's not good enough to wait for them to express a change in demands — you have to initiate that dialogue with them," explains Juchault.

Of course, crises do not always have happy endings. More than any of the major headline crises of the past years, Obert concedes that last year's credit crisis in the high yield sector was the most painful for Systeia. Credit spreads had been narrowing consistently since about October But from mid-March to mid-May , they blew out in sudden, violent moves before stabilising.

The European high-yield bond market had seen issuance volumes race ahead, almost quadrupling in and rising another more than 40 percent in It was all very structurally alarming. Systeia's convertible fund finished June down 15 percent, but recovered positive by year-end. The Systeia model calls for near complete autonomy in each of its "silo" strategies, but this doesn't mean that either Juchault or Obert are hands-off managers.

Although Obert has the ability to intervene at the position level, to even cut a position, he says he would never think of actually doing so. I might approach a trader to ask, 'Why do we have this position on? Obert stopped trading a daily book in At BAREP he had created the firm's quantitative futures fund, building the system from the ground up and transitioning it over with an average annualised performance of 9.

I think I was a good trader, but recognized that I would never be one of the great ones. I naturally look at things from every possible angle — this is why I think I am a good coach. I enjoy creating products with people, then guiding them to be successful in their endeavours," says Obert. Juchault notes, "In order to survive, individual traders can have a tendency to shy away from danger.

It is my job, our job, to bring them back towards the danger — not into the danger but towards it. Towards volatility. Articulating this intervention, Obert recalls a situation that arose with Vivendi shares about five months ago in the firm's event-driven strategy. But in June the company announced that it was considering bidding on the 54 percent stake France Telecom was selling of its yellow-pages PagesJaunes SA.

If the deal went through shares would plummet, claims Obert. But he sat down with Anne-Sophie d'Andlau and Sylvain Lemaire [the two co-managers of the event-driven fund] and deliberated long and hard about what to do with the position.

Obert acknowledges that d'Andlau and Lemaire trade around the position considerably, but will not give any figures on how much this has netted to the firm. Systeia not only tries to offer a balance between directional and relative value, and between discretionary and systematic approaches, but also seeks to offer both classic strategies and what might be considered "frontier" or "innovative" strategies.

The latter would classify the company's Alternative Risk Transfer strategy, a fund that seeks to profit from investments in insurance linked securities ILSs and weather derivatives. This helps the entire organisation," says Juchault. Juchault notes that his seven years of experience in this sector make him one of the earlier players in the space.

But patience is needed in some of these products, such as insurance derivatives. You really have to spend the time to educate the investors, and it's very much a longer-term time horizon — more like 7 years than the usual year horizon we look at in other products.

Obert explains that we could be on the cusp of another big change in thinking in world markets as the low interest rate environment across the rich world draws to a close. But overall, Juchault is quick to note that he doesn't see any lurking disastrous event on the horizon. And based on Systeia's size and limited resources, Obert explains that the firm's style is to act upon the peripheral effects in such periods of big moves.

But we're not Bridgewater [Capital]. We don't have the resources to be in front of the big moves. We need to perceive them as soon as they begin to unfold, however, and to correctly read the domino effects," says Obert. Not enough here? This is where we're focused. In other words, if conditions are causing gold to move up, perhaps there's more impact to take a position in ZAR rather than gold directly, or in certain mining stocks. This year, its equity quant program is up by Systeia has the ability to blend discretionary and systematic approaches, top-down and bottom-up analyses, directional and relative value trades, all in a house that preserves its entrepreneurial spirit while benefiting from the parentage of one of the European's largest financial institutions.

Antithesis of the top-heavy star system From the company's inception in December , Juchault and Obert decided that they would not manage any funds day-to-day. Autonomy — but with good coaching The Systeia model calls for near complete autonomy in each of its "silo" strategies, but this doesn't mean that either Juchault or Obert are hands-off managers.

Traditionally, litigation has been the mode of choice for resolving banking and finance disputes.

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But it's not only tenure which seems to count at Systeia, but mobility and growth. Previously, Benaroche was head of Systeia's managed futures strategy, a quantitative, system-driven strategy — he had been building quantitative futures trading systems for most of his career. As Obert notes, "It is wrong to think of discretionary and systematic trading as two mutually exclusive disciplines — having spent so much time thinking about how to construct quantitative models should feed well into a broad perspective and macro approach.

Integral to Systeia's institutional culture is its emphasis on surviving, which in global markets can require adaptability. It is perhaps no surprise Obert and Juchault: "Hiring talent is not enough" that both managers are active competitors, with Juchault a long time participant in rally car racing events such as the famous Dakar Rally, formerly the Paris-Dakar , and Obert a former rugby man.

The first question a hedge fund investor should ask is: 'Are you capable of surviving the next crisis? Juchault believes that hedge fund investing is first and foremost the analysis ofcredit risk, which institutions understand. But it is a slow transition. He and Obert believe that only after you have demonstrated that you have the infrastructure and the systems in place can you even attempt to speak about providing consistent returns.

He sees four parts comprised in this credit risk: 1 people; 2 strategic partner s and composition of the capital base; 3 internal organisation and control including systems ; and 4 administrative partners and controls. The latter is something that Juchault believes is largely overlooked in the business. Systeia uses BNP Paribas as trustee, custodian, depositary bank, and valuation agent. Survivorship is thus not only about making the right trades, but also controlling the entire process of hedge fund investing.

Ironically, Systeia went live one week prior to Sep. Perhaps, but sometimes you also need to adapt to changing market conditions and evolving investor demands. In Systeia began a fundamental examination and reengineering of its business in response to what it perceived as a paradigm shift in the markets. But a climate in which it became increasingly difficult to make money for investors.

Investors, in turn, demanded riskier strategies in order to seek returns. A good example of this might be the firm's managed futures strategy, which had been programmed under a trend-following model since its inception. This is what Obert described earlier as being the discretionary element in systematic trading. In addition, Systeia also had to revisit the rules governing its discretionary portfolios.

You need to be proactive in this manner in order to retain good clients. It's not good enough to wait for them to express a change in demands — you have to initiate that dialogue with them," explains Juchault. Of course, crises do not always have happy endings. More than any of the major headline crises of the past years, Obert concedes that last year's credit crisis in the high yield sector was the most painful for Systeia.

Credit spreads had been narrowing consistently since about October But from mid-March to mid-May , they blew out in sudden, violent moves before stabilising. The European high-yield bond market had seen issuance volumes race ahead, almost quadrupling in and rising another more than 40 percent in It was all very structurally alarming. Systeia's convertible fund finished June down 15 percent, but recovered positive by year-end.

The Systeia model calls for near complete autonomy in each of its "silo" strategies, but this doesn't mean that either Juchault or Obert are hands-off managers. Although Obert has the ability to intervene at the position level, to even cut a position, he says he would never think of actually doing so. I might approach a trader to ask, 'Why do we have this position on?

Obert stopped trading a daily book in At BAREP he had created the firm's quantitative futures fund, building the system from the ground up and transitioning it over with an average annualised performance of 9. I think I was a good trader, but recognized that I would never be one of the great ones. I naturally look at things from every possible angle — this is why I think I am a good coach. I enjoy creating products with people, then guiding them to be successful in their endeavours," says Obert.

Juchault notes, "In order to survive, individual traders can have a tendency to shy away from danger. It is my job, our job, to bring them back towards the danger — not into the danger but towards it. Towards volatility. Articulating this intervention, Obert recalls a situation that arose with Vivendi shares about five months ago in the firm's event-driven strategy.

But in June the company announced that it was considering bidding on the 54 percent stake France Telecom was selling of its yellow-pages PagesJaunes SA. If the deal went through shares would plummet, claims Obert. But he sat down with Anne-Sophie d'Andlau and Sylvain Lemaire [the two co-managers of the event-driven fund] and deliberated long and hard about what to do with the position.

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Third party funding means any funding provided by a natural or legal person who is not a disputing party but who enters into an agreement with a disputing party in order to finance part or all of the cost of the proceedings either through a donation or grant, or in return for remuneration dependent on the outcome of the dispute. The E. This, however, remains the extent of state involvement to date.

While it is thus possible to discern a relatively uniform E. This is thus an area where the conclusions of the Draft Report will be especially helpful. The issue of 3PF and potential conflicts of interest was a key theme throughout the conference, with potential conflicts identified as being those:. Does the availability of lost profits in investment claims perversely incentivize such behavior? This study confirmed not only that 3PF leads to more claims, but also that funders have tended to support cases raising novel issues.

Funders can thereby enjoy an outsized influence over the development of the law in influential areas, which in turn warrants particular caution as concerns 3PF in investment arbitration. While the aim of the Draft Report was limited to stimulating a preliminary debate a goal which was certainly achieved at the conference , some potential solutions to the issues identified above were nevertheless discussed, all of which, interestingly, utilize existing arbitral tools :.

Turkmenistan and South American Silver v. In sum, the Draft Report marks but an initial step in a lengthy process, particularly as regards the role of 3PF in investment arbitration. As Prof. Franck noted in her closing remarks, there remains a great deal of work to be done.

The Task Force will be revising the Draft Report and posting a version for formal public comment in July , as well as organizing further public events. The arbitration community will be monitoring these developments with a keen interest. To make sure you do not miss out on regular updates from the Kluwer Arbitration Blog, please subscribe here. To submit a proposal for a blog post, please consult our Editorial Guidelines.

Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. This site uses Akismet to reduce spam. Additionally, the AIAC i-Arbitration Rules also provide for the technical review of awards, which are aimed verifying the procedural aspects of the dispute and ensuring that the award meets the formal requirements at the seat, to minimise any issues with enforcement. Despite the above-mentioned advantages of arbitrating Islamic finance disputes in Malaysia, the uptake of the same has been low across the board.

In this regard, the AIAC will also be making a greater investment to revitalise its Islamic arbitration offering in the near future. To make sure you do not miss out on regular updates from the Kluwer Arbitration Blog, please subscribe here. To submit a proposal for a blog post, please consult our Editorial Guidelines.

Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. This site uses Akismet to reduce spam. Learn how your comment data is processed. Skip to content. Aside from providing great entertainment, films such as Wall Street and The Big Short have taught us that there are numerous complex financial products which are regularly created within the banking and finance industry that could give rise to disputes.

What is Islamic Finance? Choice of law issues in Islamic finance transactions Where money is involved, there may be commercial disputes. The Way Forward Despite the above-mentioned advantages of arbitrating Islamic finance disputes in Malaysia, the uptake of the same has been low across the board.

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