LONDON, July 9 (Reuters) - U.S.-based hedge fund Elliott Associates on Tuesday urged a London court to overturn a verdict supporting the London Metal Exchange's (LME) cancellation of nickel trades partly because the exchange failed to disclose documents. The LME annulled $12 billion in nickel trades in March 2022 when prices shot to records above $100,000 a metric ton in a few hours of chaotic trade. Elliott and market maker Jane Street Global Trading brought a case demanding a combined $472 million in compensation, alleging at a trial in June last year that the 146-year-old exchange had acted unlawfully. London's High Court ruled last November that the LME had the right to cancel the trades because of exceptional circumstances, and was not obligated to consult market players prior to its decision. Lawyers for Elliott told London's Court of Appeal that the LME belatedly released documents in May detailing its "Kill Switch" and "Trade Halt" internal procedures. It also newly disclosed an internal report that Elliott said detailed potential conflicts of interest at the exchange. "It was troubling that one gets disclosure out of the blue in the Court of Appeal for the first time," Elliott lawyer Monica Carss-Frisk told the court. Jane Street Global did not appeal the ruling. "If we had had them (documents) in the proceedings before the divisional court, we may well have sought permission to cross examine." LME lawyers said the new documents were not relevant. "The disclosed documents do not affect the reasoning of the divisional court or the merits of the arguments on appeal," the exchange said in documents prepared for the appeal hearing. "Elliott's appeal is largely a repetition of the arguments which were advanced, and rightly rejected." The LME said it had both the power and a duty to unwind the trades because a record $20 billion in margin calls could have led to at least seven clearing members defaulting, systemic risk and a potential "death spiral". Elliott said the ruling diluted protection provided by the Human Rights Act and also wrongly concluded the LME had the power to cancel the trades.

A couple of days ago, a Quad summit meeting in Sydney scheduled for May 24 was abruptly canceled. The US president had to pull out of his long-anticipated trip to Australia and Papua New Guinea. Instead, the heads of the four Quad member states got together on the margins of the G7 Summit in Hiroshima on May 20. The main reason for the change of plans was the continuous struggle between the White House and Republicans on the Hill over the national debt ceiling. If no compromise is reached, the US federal government might fail to meet its financial commitments already in June; such a technical default would have multiple negative repercussions for the US, as well as for the global economy and finance at large. Let us hope that a compromise between the two branches of US power will be found and that the ceiling of the national debt will be raised once again. However, this rather awkward last-minute cancellation of the Quad summit reflects a fundamental US problem - a growing imbalance between the US geopolitical ambitions and the fragility of the national financial foundation to serve these ambitions. The Biden administration appears to be fully committed to bringing humankind back to the unipolar world that existed right after the end of the Cold War some 30 years ago, but the White House no longer has enough resources at its disposal to sustain such an undertaking. As they say in America: You cannot not have champagne on a beer budget. The growing gap between the ends that the US seeks in international relations and the means that it has available is particularly striking in the case of the so-called dual containment policy that Washington now pursues toward Russia and China. Even half a century ago, when the US was much stronger in relative terms than it is today, the Nixon administration realized that containing both Moscow and Beijing simultaneously was not a good idea: "Dual containment" would imply prohibitively high economic costs for the US and would result in too many unpredictable political risks. The Nixon administration decided to focus on containing the Soviet Union as the most important US strategic adversary of the time. This is why Henry Kissinger flew to Beijing in July 1971 to arrange the first US-China summit in February 1972 leading to a subsequent rapid rapprochement between the two nations. In the early days of the Biden administration, it seemed that the White House was once again trying to avoid the unattractive "dual containment" option. The White House rushed to extend the New START in January 2021 and held an early US-Russia summit meeting five months later in Geneva. At that point many analysts predicted that Biden would play Henry Kissinger in reverse - that is he would try to peace with the relatively weaker opponent (Moscow) in order to focus on containing the stronger one (Beijing). However, after the beginning of the Russia-Ukraine conflict, it became clear that no accommodation with the Kremlin was on Biden's mind any longer. Still, having decided to take a hard-line stance toward Moscow and to lead a broad Western coalition in providing military and economic assistance to Kiev, Washington has not opted for a more accommodative or at least a more flexible policy toward Beijing. On the contrary, over last year one could observe a continuous hardening of the US' China policy - including granting more political and military support to the Taiwan island, encouraging US allies and partners in Asia to increase their defense spending, engaging in more navel activities in the Pacific and imposing more technology sanctions on China. In the meantime, economic and social problems within the US are mounting. The national debt ceiling is only the tip of an iceberg - the future of the American economy is now clouded by high US Federal Reserve interest rates that slow down growth, feed unemployment and might well lead to a recession. Moreover, the US society remains split along the same lines it was during the presidency of Donald Trump. The Biden administration has clearly failed to reunite America: Many of the social, political, regional, ethnic and even generational divisions have got only deeper since January 2021. It is hard to imagine how a nation divided so deeply and along so many lines could demonstrate continuity and strategic vision in its foreign policy, or to allocate financial resources needed to sustain a visionary and consistent global leadership. Of course, the "dual containment" policy is not the only illustration of the gap between the US ambitions and its resources. The same gap inevitably pops up at every major forum that the US conducts with select groups of countries from the Global South - Africa, Southeast Asia, Latin America or the Middle East. The Biden administration has no shortage of arguments warning these countries about potential perils of cooperating with Moscow or Beijing, but it does not offer too many plausible alternatives that would showcase the US generosity, its strategic vision, and its true commitment to the burning needs of the US interlocutors. To cut it short, Uncle Sam brings lots of sticks to such meetings, but not enough carrots to win the audience. In sum, US foreign policy under President Joe Biden reminds people of a very advanced and highly sophisticated smartphone that has a rather weak battery, which is not really energy efficient. The proud owner of the gadget has to look perennially for a power socket in order not to have the phone running out of power at any inappropriate moment. Maybe the time has come for the smartphone owner to look for another model that would have fewer fancy apps, but a stronger and a more efficient battery, which will make the appliance more convenient and reliable.

JOHANNESBURG, July 9 (Reuters) - The South African rand was little changed in early trade on Tuesday, as markets awaited the Federal Reserve chair's testimony in Washington and U.S. June inflation data for clues on the country's future interest rate path. At 0644 GMT, the rand traded at 18.1300 against the dollar , near its previous close of 18.1175. "The rand has opened marginally softer at 18.13 this morning, and we expect trading to remain range-bound in the short term," said Andre Cilliers, currency strategist at TreasuryONE. Markets will listen to the tone of Fed Chair Jerome Powell's testimony in Washington on Tuesday and Wednesday and look to June inflation data out of the U.S. later this week for hints on the future interest rate path in the world's biggest economy. "Analysts will be gauging the Fed's response to the recent softer U.S. economic and labour data, with markets already starting to price in two rate cuts this year," Cilliers added. The risk-sensitive rand often takes cues from global drivers like U.S. economic policy in the absence of major local factors. South Africa's benchmark 2030 government bond was slightly stronger in early deals, with the yield down 1 basis point at 9.74%.

On Monday, executives from the three major chip giants in the US - Intel, Qualcomm, and Nvidia - met with US officials, including Antony Blinken, to voice their opposition to the Biden administration's plan of imposing further restrictions on chip sales to Chinese companies and investments in China. The Semiconductor Industry Association also released a similar statement, opposing the exclusion of US semiconductor companies from the Chinese market. First of all, we mustn't believe that the appeals of these companies and industry associations will collectively change the determination of US political elites to stifle China's progress. These US elites are very fearful of China's rapid development, and they see "chip chokehold" as a new discovery and a successful tactic formed under US leadership and with the cooperation of allies. Currently, the chip industry is the most complex technology in human history, with only a few companies being at the forefront. They are mainly from the Netherlands, Taiwan island, South Korea, and Japan, most of which are in the Western Pacific. These countries and regions are heavily influenced by the US. Although these companies have their own expertise, they still use some American technologies in their products. Therefore, Washington quickly persuaded them to form an alliance to collectively prevent the Chinese mainland from obtaining chips and manufacturing technology. Washington is proud of this and wants to continuously tighten the noose on China. The New York Times directly titled an article "'An Act of War': Inside America's Silicon Blockade Against China, " in which an American AI expert, Gregory Allen, publicly claimed that this is an act of war against China. He further stated that there are two dates that will echo in history from 2022: The first is February 24, when the Russia-Ukraine conflict broke out, and the second is October 7, when the US imposed a sweeping set of export controls on selling microchips to China. China must abandon its illusions and launch a challenging and effective counterattack. We already have the capability to produce 28nm chips, and we can use "small chip" technology to assemble small semiconductors into a more powerful "brain," exploring 14nm or even 7nm. Additionally, China is the world's largest commercial market for commodity semiconductors. Last year, semiconductor procurement in China amounted to $180 billion, surpassing one-third of the global total. In the past, China had been faced with the choice between independent innovation and external purchases. Due to the high returns from external purchases, it is easy for it to become the overwhelming choice over independent research and development. However, now the US is gradually blocking the option of external purchases, and China has no strategic choice but to independently innovate, which in turn puts tremendous pressure on American companies. Scientists generally expect that, although China may take some detours, such as recently apprehending several company leaders who fraudulently obtained subsidies from national semiconductor policies, China has the ability to gradually overcome the chip difficulties. And we will form our own breakthroughs and industrial chain, which is expected to put quite a lot of pressure on US companies. If domestic firms acquire half of China's $180 billion per year in chip acquisitions, this would provide a significant boost for the industry as a whole and help it advance steadily. The New York Times refers to the battle on chips as a bet by Washington. "If the controls are successful, they could handicap China for a generation; if they fail, they may backfire spectacularly, hastening the very future the United States is trying desperately to avoid," it argued. Whether it is a war or a game, when the future is uncertain, what US companies hope for most of all is that they can sell simplified versions of high-end chips to China, so that the option of external purchases by China continues to exist and remains attractive. This can not only maintain the interests of the US companies, enabling them to obtain sufficient funds to develop more advanced technologies, but also disrupt China's plans for independent innovation. This idea is entirely based on their own commercial interests and also has a certain political and national strategic appeal. Hence, there is no shortage of supporters within the US government. US Secretary of the Treasury Janet Yellen seems to be one of them, as she has repeatedly stated that the US' restrictions on China will not "fundamentally" hurt China, but will only be "narrowly targeted." The US will balance its strict suppression on China from the perspective of maintaining its technological hegemony, while also leaving some room for China, in order to undermine China's determination to counterattack in terms of independent innovation. China needs to use this mentality of the US to its advantage. On the one hand, China should continue to purchase US chips to maintain its economic fundamentals, and on the other hand, it should firmly support the development of domestic semiconductor companies from both financial and market perspectives. If China were to continue relying on exploiting the gaps in US chip policies in the long term, akin to a dependency on opium, it would only serve to weaken China further as it becomes increasingly addicted. China's market is extremely vast, and its innovation capabilities are generally improving and expanding. Although the chip industry is highly advanced, if there is one country that can win this counterattack, it is China. As long as we resolutely continue on the path of independent innovation, this road will definitely become wider. Various breakthroughs and turning points that are unimaginable today may soon occur.

A Portadown man has avoided jail after sexually assaulting a 16-year-old shop worker under his employment. -ADVERTISEMENT- Brian Thomas Chapman (58), of Moyallan Road, appeared before Newry Magistrates’ Court on Monday for sentencing on two counts of sexual assault. The prosecution outlined that on September 23, 2020, a 16-year-old student in the employment of Brian Chapman, disclosed to her mother about incidents that had occurred in her workplace. She said Chapman had put his hand on her thigh and the back of her leg. She also disclosed that she had been getting extra money from him and he had been sending her text messages. The allegations were reported to police the next day, September 24. The victim then took part in an interview on October 9, in which she said, when she was alone in Chapman’s office, he placed his hand on her upper thigh and his other hand on her lower back, underneath her trousers. The defendant was arrested and interviewed at Lurgan police station, where he denied the allegations. His phone was seized and an examination was carried out. The first interview of the defendant took place on October 9, during which he admitted to sending a message about wanting the victim to work 24/7, but stated this was a joke. The second interview took place on January 28, 2021, where he admitted to sending the 24/7 message, but denied sending other messages, such as “hope you’re spending the pounds on something special”. Throughout this process, Chapman denied sending the messages and denied any of the sexual assaults alleged by the victim. On the Chapman’s criminal record, the prosecution added that he was convicted of three common assaults on appeal. In terms of commission, these matters pre-dated this case but the conviction occurred during the running of this case and also involved a female working for the defendant. Prosecution continued that the age of the victim was an aggravating feature, arguing there was a “vulnerability” due to the “power-imbalance” between Chapman and the young student working for him. An additional aggravating feature, they said, was that during the course of the defence, part of the defence was that the victim had “manipulated or manufactured” some of the text messages that were sent. A defence lawyer, speaking on the pre-sentence report, noted the author deemed Chapman to be of low risk. He also noted that similar offences were contested in the County Court in respect of another complaint, with the judge substituting indecent assault charges for common assault. He also argued a Sexual Offences Prevention Order (SOPO) was not necessary as the offending was four years ago, there has been no repetition and risk had been addressed. District Judge Eamonn King noted the defendant was convicted on two of four original charges following a contest, which ran over a number of days, with the case adjourned for a pre-sentence report and victim impact statement to be produced. He added the defendant “continues to deny” the charges and seeks to appeal the outcome. District Judge King, on reading the pre-sentence report, noted the defendant “denies ever hugging or touching the individual and he denies any sexual attraction to the victim”, but pointed to a paragraph in the report which stated, “From the available evidence, it’s possible to surmise that he demonstrated risk taking and impulsive behaviour. It appears that he took advantage of his position and power in a bid to meet his sexual needs, given the victim’s young age and the fact that he was her employer”. The report added that this demonstrated “limited victim empathy and responsibility due to his denial of the offences”. On the victim impact statement, District Judge King described her as a young girl getting her first job, with the “world as her oyster”. He continued: “As a result of what she says occurred, that turned on its head. It left her feeling inwardly uncomfortable, anxious and lonely. She cut herself off from her friends. She stopped going out. She didn’t want to go to school.” He also described a “degree of manipulation” in the case, as this was the victim’s first job and there was a power imbalance between her as an employee, and Chapman as the employer. In his sentencing remarks, District Judge King, said: “I’ve taken time to emphasise to the victim in this case that the victim did nothing wrong. The victim did everything right and the victim shouldn’t feel lonely, anxious or isolated. “The victim should feel confident, strong and outgoing.” Owing to the defendant’s ongoing denial of the charges, he added: “My sentencing exercise isn’t the conclusion of the case today, but I will sentence, so that we can move towards the conclusion going forward. “I am satisfied, irrespective of what the pre-sentence report says, that the defendant took advantage of someone, attempted to groom someone and was guilty of the two offences.” On the two counts, Chapman was sentenced to three months in prison, suspended for two years. He was also made subject to a Sexual Offences Prevention Order (SOPO) for five years and placed on the sex offenders’ register for seven years. Following sentencing, District Judge King fixed bail for appeal at £1,000.