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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.

Insurers fret over militant attacks, AI hacks at Paris Olympics
LONDON, July 5 (Reuters) - Insurers are nervous that militant attacks or AI-generated fake images could derail the Paris Olympics, risking event cancellations and millions of dollars in claims. Insurers faced losses after the 2020 Tokyo Olympics were postponed for a year due to the COVID-19 pandemic. Since then, wars in Ukraine and Gaza and a spate of elections this year, including in France, have driven up fears of politically-motivated violence at high-profile global events. The Olympics take place in Paris from July 26-Aug 11 and the Paralympics from Aug 28-Sept 8. German insurer Allianz (ALVG.DE), opens new tab is insurance partner for the Games. Other insurers, such as the Lloyd's of London (SOLYD.UL) market, are also providing cover. "We are all aware of the geopolitical situation the world is in," said Eike Buergel, head of Allianz's Olympic and Paralympic programme. "We are convinced that the IOC (International Olympic Committee), Paris 2024 and the national organising committees, together with the French authorities, are taking the right measures when it comes to challenges on the ground."
Turkey has cancelled a 40 percent tariff on Chinese cars, and BYD has invested $1 billion to build a factory
Byd has grown rapidly in China over the past few years, becoming the country's best-selling car brand and the world's biggest selling electric car brand. Byd opened its first electric car factory in Southeast Asia on Thursday in Thailand. Byd also took over a former Ford Motor Co. plant in Brazil and has been looking for a site for a Mexican plant. Europe's first automotive plant is under construction in Hungary. Byd's second-quarter sales jumped to a record 982,747 vehicles, up more than 40 per cent from a year earlier. Although the company's sales in Europe have been sluggish so far, it is making a big marketing push in the region to replace Volkswagen as the main automotive sponsor of the European Championship. According to a recent Fortune report, officials said that Turkish President Recep Tayyip Erdogan is expected to announce the agreement for BYD to build the plant at a signing ceremony on Monday in Manisa province, where the plant will be built. The officials spoke on condition of anonymity because they were not authorized to speak publicly. Byd representatives declined to comment. Turkish Industry and Technology Minister Mohamed Fatih Kassir said in May that he was in advanced discussions with BYD and Chery on investment in Turkey. The new plant will improve BYD's access to the European Union, as Turkey has a customs union agreement with the EU. The European Union this week announced temporary punitive tariffs on electric vehicles imported from China, with BYD imposing an additional 17.4 percent tariff on top of the existing 10 percent tariff. Other Chinese carmakers have been hit with higher tariffs. Investing in Turkey would strengthen the presence of Chinese carmakers in Europe at a time of escalating trade tensions.
Exclusive: Japan must strengthen NATO ties to safeguard global peace, PM says
TOKYO, July 9 (Reuters) - Russia's deepening military cooperation with North Korea has underlined the need for Japan to forge closer ties with NATO as regional security threats become increasingly intertwined, Prime Minister Fumio Kishida told Reuters. In written remarks ahead of his attendance at a NATO summit in Washington DC this week, Kishida also signalled concern over Beijing's alleged role in aiding Moscow's two-year-old war in Ukraine, although he did not name China. "The securities of the Euro-Atlantic and the Indo-Pacific are inseparable, and Russia’s aggression against Ukraine and its deepened military cooperation with North Korea are strong reminders of that," Kishida said. "Japan is determined to strengthen its cooperation with NATO and its partners," he added. The world, the Japanese leader said, should not tolerate attempts by some countries to disrupt the established international order and reiterated a warning that Ukraine today could be East Asia tomorrow. He also urged cooperation to confront new security threats that transcend geographical boundaries, such as cyber-attacks and conflicts in space. The U.S. and its allies have accused Pyongyang of providing ballistic missiles and artillery shells that Russia has used in its war in Ukraine and say they fear Moscow in return could provide support for North Korea's nuclear missile development. Washington has also said China is supplying droneWithout naming China, Kishida told Reuters "some countries" have allegedly transferred dual-use civilian-military goods to Russia which has served "as a lifeline" for its Ukraine war. "It is necessary to grapple with such situations in a multi-faceted and strategic manner, taking a panoramic view that considers the full range of international actors fuelling Russia’s attempt to change the status quo by force," he said. "The geographical boundary of 'Euro-Atlantic' or 'Indo-Pacific' is no longer relevant in safeguarding global peace and security. Japan and Indo-Pacific partners can play a great role for NATO allies from this perspective." Constrained by decades of pacifism, Tokyo has been reluctant to supply lethal aid to Ukraine. It has, however, provided financial aid to Kyiv, spearheaded efforts to prepare for its post-war reconstruction, and contributed to NATO’s fund to provide Ukraine with non-lethal equipment such as anti-drone detection systems. Tokyo has also repeatedly warned about the risks of a similar conflict emerging in East Asia, where China has been taking an increasingly muscular stance towards its territorial claims including the democratic island of Taiwan. "This summit is a critical opportunity for Japan, the U.S., and the other NATO allies to confront the ongoing challenges against the international order and to reaffirm values and principles that have shaped global peace and prosperity," he said. There may be limits, however, over how far NATO members are prepared to go in forging closer ties in Asia. A plan that surfaced last year for NATO to open a liaison office in Japan, its first in Asia, was blocked by France and criticised by China. and missile technology, satellite imagery and machine tools to Russia, items which fall short of lethal assistance but are helping Moscow build its military to sustain the Ukraine war. Beijing has said it has not provided any weaponry to any party.
Portadown businessman avoids jail for sexual assault of teen under his employment Defence said the defendant 'continues to deny' the charges and bail in the sum of £1,000 was fixed for appeal
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.
TSX futures rise ahead of Fed chair Powell's testimony
July 9 (Reuters) - Futures linked to Canada's main stock index rose on the back of metal prices on Tuesday, while investors awaited U.S. Federal Reserve Chair Jerome Powell's congressional testimony on monetary policy later in the day. The S&P/TSX 60 futures were up 0.25% by 06:28 a.m. ET (1028 GMT). The Toronto Stock Exchange's materials sector was set to re Oil futures , dipped as fears over supply disruption eased after Hurricane Beryl, which hit major refineries along with the U.S. Gulf Coast, caused minimal impact. Markets will be heavily focussed on Powell's two-day monetary policy testimony before the Senate Banking Committee, starting at 10 a.m. ET (1400 GMT), which can help investors gauge the Fed's rate-cut path. Following last week's softer jobs data, market participants are now pricing in a 77% chance of a rate cut by the U.S. central bank in September. The main macro event for the markets this week will be the U.S. consumer prices data due on Thursday, which can help assess the trajectory of inflation in the world' biggest economy. Wall Street futures were also up on Tuesday after the S&P 500 (.SPX), opens new tab and Nasdaq (.IXIC), opens new tab touched record closing highs in the previous session. In Canada, fears of the economy slipping into recession advanced after the latest data showed that the unemployment rate rose to a 29-month high in June. Traders are now pricing in a 65% chance of another cut by the Bank of Canada, which already trimmed interest rates last month. In corporate news, Cenovus Energy (CVE.TO), opens new tab said it is demobilizing some staff at its Sunrise oil sands project in northern Alberta as a precaution due to the evolving wildfire situation in the area.