Research Handbook on Secured Financing in Commercial Transactions

Edited by Frederique Dahan, Chief Counsel, European Bank for Reconstruction and Development

‘No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this Research Handbook.,i> Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn’t), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari’ah places on use of security devices, and reasons for Russia’s meandering path to modernization.’

• Contents: Foreword Philip R. WoodPART I SECURED TRANSACTIONS LAW, ECONOMIC IMPACT AND REFORM1. How do Creditor Rights Matter for Debt Finance? A Review of Empirical EvidenceJohn Armour, Antonia Menezes, Mahesh Uttamchandani And Kristin Van Zwieten2. The Influence of the UNCITRAL Legislative Guide On Secured TransactionsSpyridon V. Bazinas 3. A Single Framework Governing Secured Transactions? Comparative ReflectionsFrederique Dahan4. Implementing Shari’ah-Compliant Collateral Security Regimes: Select IssuesMichael J.T. Mcmillen 5. Levelling the Legal Playing Field: What the Law Can and Can’t do to Improve Women’s Access to Secured FinanceClare ManuelPART II SECURED FINANCING: MANY FACETS AND CONTEXTS6. Untying the Gordian Knot: Farmers, Banks, Insurers, Warehouse Receipts, Commodity Exchanges, Collateral Managers and Access to CreditNicholas Budd7. Sowing the Good Seeds: The Brazilian Experience of Agriculture FinancingChristian de Lima Ramos8. The Potential of Factoring for Improving SME Access to FinanceIvor Istuk 9. Security in Project Finance and PPP and the Implications for Secured Transactions Law: “Security is a Shield, Not a Sword”Jan-Hendrik Röver 10. Keeping it Real: SME Financing, Secured Transactions and Risk AppetiteTom Johnson 11. Financial Collateral Arrangements and the Financial MarketsEdward Murray12. Fundamentals of Taking Security Interests in Bank AccountsMarek DubovecPART III TRENDS AND PERSPECTIVES FOR REFORM13. Secured Transactions Law Reform in Russia: A Tortuous but Ultimately Successful JourneyNatalia Nikitina and Julia Lymar14. Reforming an Established Secured Transactions Legal System: Why and How Morocco is Approaching the Challenge Mustapha Mourahib, Bertrand Fournier-Montgieux and Ouns Lemseffer 15. Taking Stock of Romanian Secured Transactions After 15 Years of Reform: A Mapping of Past, Present and Future Milestones Victor Pădurari and Andreea Simona Burtoiu 16. Piecemeal Reform: Is it The Answer?Louise Gullifer17. What Makes a Good Law of Security?Richard CalnanIndex