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Hedge fund Elliott challenges court verdict it lost against LME on nickel

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.

Musk is the billionaire who lost the most money in the first half of 2024: $5 billion a month
At the beginning of this year, Elon Musk had a fortune of $251 billion and could almost single-handedly solve world hunger. However, Tesla's stagnant sales, the endless struggle to buy Twitter, and the volatility of Tesla's stock price meant he lost a lot of money this year. According to Forbes, Musk is the billionaire with the most losses so far this year, with his wealth shrinking at a rate of about $5 billion a month. According to the website, his wealth shrank by more than 10% from the end of 2023 to June 28, 2024. As the website explains: Between December 31, 2023, and June 28, the last day of regular stock market trading for the first half of the year, Musk's net worth fell from $251.3 billion to $221.4 billion, a bigger drop than any other billionaire tracked by Forbes, but Musk remains the richest person on the planet. The main reason for the dip in Musk's pocketbook is that a Delaware judge in January canceled Musk's then-record Tesla compensation package worth $51 billion, which led Forbes to cut the value of the equity award by 50 percent because of uncertainty about whether Musk would receive those stock options. Excluding that bonus, Musk's wealth has remained volatile over the past six months, with the value of his 13 percent stake in Tesla shrinking by about $20 billion as falling profits and car deliveries sent the stock down 20 percent. But that was partly offset by the growth of Musk's stake in his generative artificial intelligence startup xAI to $14.4 billion (Musk also has a roughly $75 billion stake in private aerospace company SpaceX, a $7 billion stake in social media company X, And smaller stakes in other companies, such as brain experimentation startup Neuralink).
US' ban on high-tech investment cannot stifle China's high-tech development
US President Joe Biden signed an executive order on Wednesday restricting investments in China, intended to further stymie China's advances in three cutting-edge technology areas: semiconductors and microelectronics, quantum information technologies and certain artificial intelligence systems. The "decoupling" of high tech from China began under Donald Trump, and the Biden administration has continued that ambition. However, the new order doesn't target US investments already invested in China, but the new ones. The Biden administration has repeatedly claimed that the US restrictions will be narrowly targeted and will not "have a fundamental impact on affecting the investment climate for China." Biden's new executive order is still subject to consultation with the US business community and the public and is not expected to take effect until next year. The order has been brewed for a long time and has generated a lot of publicity. But almost no one believes that this executive order will deal a new practical blow to Chinese high technology, because almost everyone knows that China needs American technology more than American money. The order has gained much attention because it is seen as part of a broader trend of the US drifting away from China. The promulgation and brewing process of the executive order reflects the strong desire of American political elites to suppress China's high-tech development, as well as a fierce game between those supporting the executive order and the concerns of the technology and economic sectors about a potential backfire on the US. It is a kind of compromise. Washington obviously hopes that major allies will follow Biden's executive order. The UK's Sunak government has made cautious statements, stating that it is consulting business and the financial sector before deciding whether to follow suit. In fact, China also has the ability to influence the extent to which Biden's executive order is implemented, as well as the extent to which the US will go in terms of "decoupling" from China. We are definitely not just passive recipients of US policies. American political elites are eager to "decouple" from China as quickly and deeply as possible, but they fear two things: First, this will immediately damage the performance of relevant high-tech companies in the US, undermine their influence and further innovation. The current Biden administration, in particular, does not want to incur strong resentment from Silicon Valley and Wall Street toward the escalating "decoupling," which will ultimately lead to the loss of support for the Democratic Party. Second, they are afraid of pushing China toward more resolute independent innovation to achieve breakthroughs in key technologies such as chips. If the US "decoupling" policy gives birth to major technological achievements in China, it means that Washington will completely lose the gamble: They originally wants to stifle China's high-tech development, but ends up strangling their own companies. What China needs to do next is to fully unleash our innovation vitality, continuously reduce our dependence on high-tech products from the US, and prove that as long as we are determined to achieve independent innovation, we have the ability to accomplish things. We need to prove that being pressured by the US will only make us stronger. As long as there are several solid proofs of this trend, the US policy community will fall into unprecedented chaos, and their panic will be much more severe than when they saw the rapid expansion of the Chinese economy before Trump started the trade war. Regardless of the future of China-US relations, the current battle will be the key battle that determines the future competition between China and the US. China can only win and cannot afford to lose. High-tech products such as chips are not isolated. The innovation power of China's entire manufacturing industry and the creative vitality of the whole society are the foundation for shaping these key achievements. When pressured by the US, our society needs to generate confidence and resilience from all directions, and we need to accelerate and seize every opportunity, rather than shrink and simply defend. Otherwise, the US will gain the upper hand in momentum, and we will truly be in a passive and defensive position. We must see that the US is on the offensive, but its offensive is becoming weaker and weaker, and it is always hesitant with each step. What is presented to China are difficulties and risks, but also the dawn of victory.
Samsung hit the biggest strike! Over 6,500 people attended.
More than 6,500 employees at South Korea's Samsung Electronics began a three-day mass strike on Monday (July 8), demanding an extra day of paid annual leave, higher pay raises and changes to the way performance bonuses are currently calculated. This is the largest organized strike in Samsung Electronics' more than half century of existence, and the union said that if this strike does not push employees' demands to be met, a new strike may be called. One of the core issues of the current dispute between the labor union and Samsung Electronics is raising wages and increasing the number of paid vacation days. The second demand is a pay rise. The union originally wanted a pay rise of more than 3% for its 855 employees, but last week they changed their demand to include all employees (rather than just 855). The third issue involves performance bonuses linked to Samsung's outsized profits - chip workers did not receive the bonuses last year when Samsung lost about Won15tn and, according to unions, fear they will still not get the money even if the company manages to turn around this year.
Gold, silver caught in downdraft of broad commodity market sell off
(Kitco News) - Gold and silver prices are sharply lower in midday U.S. trading Monday, on heavy profit-taking from the shorter-term futures traders after recent good price advances. The selling pressure today across most of the raw commodity spectrum is also keeping the precious metals bulls on the sidelines to start the trading week. August gold was last down $37.50 at $2,360.10. September silver was down $0.849 at $30.85. U.S. stock indexes mixed but near their record highs scored last week. The rallying stock market is a bearish element for the gold and silver markets, from a competing asset class perspective. The key U.S. data points of the week include Fed Chairman Powell’s speeches to the U.S. Congress on Tuesday and Wednesday, and the consumer and producer price indexes on Thursday and Friday, respectively. The key outside markets today see the U.S. dollar index slightly higher. Nymex crude oil prices are lower and trading around $82.25 a barrel. The benchmark 10-year U.S. Treasury note yield is presently 4.288%. Technically, August gold bulls have the overall near-term technical advantage. Bulls’ next upside price objective is to produce a close above solid resistance at the June high of $2,406.70. Bears' next near-term downside price objective is pushing futures prices below solid technical support at $2,300.00. First resistance is seen at $2,382.60 and then at $2,400070. First support is seen at $2,350.00 and then at last week’s low of $2,327.40. Wyckoff's Market Rating: 6.0. September silver futures bulls have the overall near-term technical advantage. Silver bulls' next upside price objective is closing prices above solid technical resistance at the May high of $33.05. The next downside price objective for the bears is closing prices below solid support at the June low of $28.90. First resistance is seen at $31.00 and then at $31.50. Next support is seen at Friday’s low of $30.45 and then at $30.00. Wyckoff's Market Rating: 6.5. (Hey! My “Markets Front Burner” weekly email report is my best writing and analysis, I think, because I get to look ahead at the marketplace and do some market price forecasting. Plus, I’ll throw in an educational feature to move you up the ladder of trading/investing success. And it’s free! Email me at jim@jimwyckoff.com and I’ll add your email address to my Front Burner list.)
Sparkling box office for Spring Festival films indicates tremendous potential for movie consumption in Chinese society
According to Chinese movie ticketing platform Taopiaopiao, the box office for the 2024 Spring Festival holidays surpassed last year's 6.766 billion yuan and entered the top two in the history of Chinese Spring Festival holidays box office. I recently watched three movies, and I think they are all good. However, their overall level is not higher than the movies from last Spring Festival holidays. The higher box office compared to last year reflects the strong potential for movie consumption in Chinese society. Our filmmakers need to make further efforts. The current development of Chinese movies has many advantages. People often complain that our film creation faces various "restricted areas," but in terms of societal topics, the space for Chinese film creation is relatively large and relaxed. For example, Zhang Yimou's film Article 20 shows protest scenes and boldly explores the issue of judicial injustice in depth. A few years ago, the film I Am Not Madame Bovary specifically discussed the sensitive issue of petitioning. Another film, Johnny Keep Walking! which was aired last year, also touches on serious social issues. The breadth and depth of these films' topics lay the foundation for their attractiveness. The improvement of China's basic film production level has played a role in boosting their success, resulting in Hollywood films being collectively pushed off the Chinese box office charts. Now, almost any domestic film can be considered "watchable." The next step is to produce world-class masterpieces and promote the collective advancement of Chinese films on the global stage. The three movies that I watched are YOLO, directed, written and starring Jia Ling, a representative of the new generation of female Chinese directors, Pegasus 2, directed by Han Han and Article 20. They are all realistic-themed films, and the actors who play the main characters have some overlap. Although each of them is good, as mentioned earlier, I personally feel that their overall quality is not as good as films screened during last year's Spring Festival holidays. So I have a feeling that Chinese movies have been spinning in place for a year in such a good market environment. Of course, I am not an expert, so what I say may not be correct, or it may be biased. The production level of Chinese films, in terms of technology, has caught up. Domestic films have surpassed Hollywood in the domestic market through competition, which is a great achievement. However, I hope that this does not mark the beginning of a "decoupling" between Chinese movies and the rest of the world, but rather a turning point for Chinese films to reach a higher level domestically and to go global. This requires Chinese realistic films to not only be loved by domestic audiences but also become increasingly "understandable" to foreigners, allowing them to empathize with us through these films. If Chinese films can gradually go global through market-oriented approaches, it will be a new process for the international community to re-recognize and understand China, and to establish common values between us. The earliest understanding of the US by the Chinese people came entirely from the shaping of news propaganda. Later, American films and TV works entered China, showcasing the rich American society. Now, Western media's portrayal of China is completely stereotyped. If Chinese films and other popular culture do not go global, and if a large number of secular elements from China do not appear on the global internet, the outside world's perception of China is likely to be dictated by Western media for a long time. So I hope that China's excellent film market can incubate outstanding works that are loved and enjoyed globally. Not only should our cultural policies provide greater space, but our internet public opinion should also be more tolerant of the interweaving and mutually influencing between Chinese and Western cultural elements. We should not restrict those elements in Chinese films that can resonate with both Chinese and foreign audiences. For example, comedies should not only make Chinese people laugh, but also be understandable to foreigners. Chinese films need to establish their own big stars, including top-tier female stars. In the past, Bruce Lee and Jackie Chan became famous in the West, but they were primarily seen as "Hollywood stars." It is a more challenging journey for Chinese stars to gain international recognition through their own films. The success of Chinese films and Chinese stars worldwide is definitely a complementary process. The backgrounds of our film stories should also be carefully selected and more diverse, enhancing the visual quality and international appeal of the films. Feng Xiaogang's film Be There or Be Square was entirely set in the US, and later, there was another film called Lost in Thailand, both of which achieved good results. Choosing such backgrounds should be encouraged as one of the approaches. In conclusion, I am delighted by the comprehensive recovery of the Chinese film market, and I also hope that the films nurtured by this market will continue to progress. To achieve this, we need to keep introducing the world's best films and collaboratively cultivate the aesthetic taste of the Chinese people alongside Chinese films. Chinese films have already stood up, but they should not monopolize this vast market. Instead, the Chinese market should serve as the stage for them to expand globally.