ICMA Quarterly Briefing, Q2 2025: Impact of CJEU case on asymmetric jurisdiction clauses in bond documentation

Listen now to the podcast from the Asset Management and Investors Council (AMIC), ICMA's dedicated forum advocating the interests of buy-side members, including asset managers, institutional investors, private banks, pension funds, and insurance companies, among others. Returning for this episode are industry experts, Bob Parker, former Chairman of AMIC and Senior Adviser to ICMA, alongside Massimiliano Castelli, PhD MSc, Managing Director and Head of Strategy & Advice at UBS Asset Management, who also serves as the Co-Chair of the AMIC Executive Committee. In this podcast, recorded on 7th May 2025, the team discussed: The evolving US tariff policy and how these policies may affect the economies of the US and its major trading partners. How might other Governments react? Whether the independence of the US Federal Reserve is under threat Implications for foreign demand for US Treasuries and whether the turmoil could persuade investors to increasingly shift allocations outside the US If you have questions or topics that you would like our guests to address in future episodes, please feel free to get in contact via email: [email protected]. Learn more about AMIC: https://www.icmagroup.org/market-practice-and-regulatory-policy/asset-management/

Andy Hill, Co-Head of Market Practice and Regulatory Policy, ICMA, considers the implications for bond markets of the recent wave of shortening of settlement cycles in securities markets, that began in the US and is now set to be copied in Europe and elsewhere.

Bryan Pascoe, Chief Executive of ICMA, reflects on the impact of the recent geopolitical activity upon the global capital markets.

Leland Goss, Managing Director, General Counsel, ICMA, assesses the impact of potential moves, in New York and London, to enact legislation aimed at addressing perceived shortcomings within the existing sovereign debt restructuring framework.

Natalie Westerbarkey, Co-Head of Market Practice and Regulatory Policy, ICMA, outlines how the fixed income market plays a key role in achieving EU investment needs by providing low-cost, simple solutions for retail investors’ wealth creation and alternative funding sources for corporations in addition to bank loans, resulting in the promotion of sustainable and innovative growth in Europe.

Paul Richards considers the opportunities for making European capital markets more competitive.

Nicholas Pfaff, Deputy Chief Executive, Head of Sustainable Finance, ICMA, and Özgür Altun, Associate Director, Sustainable Finance, ICMA, summarise the main points of their latest paper, published on 25 March 2025, which details reflections and recommendations for the sustainable fund market in a new regulatory environment.

Emma Thomas, Associate, FinTech and Digitalisation, ICMA, comments on the efforts by financial market regulators to adapt to growth in the usage of AI within Financial services

Ruari Ewing, Senior Director, Market Practice and Regulatory Policy, ICMA, comments on the response to the FCA's consultation paper that proposed changes to the public offers and admissions to trading regime (POATRS), the product governance regime and the UK Listing Rules.

Miriam Patterson, Senior Director, Market Practice and Regulatory Policy, ICMA, discusses the use of asymmetric jurisdiction clauses in the international debt capital markets following the judgement of the Court of Justice of the European Union (CJEU) in the Lastre SpA v. Agora SARL case.