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Loan participations: conflict-of-laws challenges under English and New York law

22 November 2025 / Author(s): Ferdisha Snagg , Noah D’Aeth
Issue: December 2025 / Categories: Feature

This article examines the divergent treatment of loan participations under English and New York law, focussing on how each jurisdiction characterises the legal relationship between grantor and participant. It explores the conflict-of-laws challenges that arise when structuring cross-border financing transactions in which the underlying loan and participation agreement may be governed by different legal systems.

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