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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.

Morning Bid: Eyes switch to inflation vs elections, Powell up
A look at the day ahead in U.S. and global markets from Mike Dolan After an intense month focused on election risk around the world, markets quickly switched back to the more prosaic matter of the cost of money - and whether disinflation is resuming to the extent it allows borrowing costs to finally fall. Thursday's U.S. consumer price update for June is the key moment of the week for many investors - with the headline rate expected to have fallen two tenths of a percentage point to 3.1% but with 'core' rates still stuck at 3.4%. With Federal Reserve chair Jerome Powell starting his two-pronged semi-annual congressional testimony later on Tuesday, the consensus CPI forecast probably reflects what the central bank thinks of the situation right now - encouraging but not there yet. But as the U.S. unemployment rate is now back above 4.0% for the first time since late 2021, markets may look for a more nuanced approach from the Fed chair that sees it increasingly wary of a sudden weakening of the labor market as real time quarterly GDP estimates ebb again to about 1.5%. There were some other reasons for Fed optimism in the lead up to the testimony. The path U.S. inflation is expected to follow over coming years generally softened in June, amid retreating projections of price increases for a wide array of consumer goods and services, a New York Fed survey showed on Monday. Inflation a year from now was seen at 3% as of June - down from the expected rise of 3.2% in May - and five-year expectations fell to 2.8% from 3%. Crude oil prices are better behaved this week, too, falling more than 3% from the 10-week highs hit late last week and halving the annual oil price gain to 10%. The losses on Tuesday came after a hurricane that hit a key U.S. oil-producing hub in Texas caused less damage than many in markets had expected - easing concerns over supply disruption. Before Powell starts speaking later, there will also be an update on U.S. small business confidence for last month.
Clear Check | Russian satellite disintegrated and hit GPS and Starlink satellites?
On June 27, the U.S. Space Command announced that a retired Russian satellite disintegrated in low Earth orbit on June 26, generating more than 100 pieces of debris, forcing astronauts on the International Space Station to hide for about an hour. The X-platform account of the International Space Station showed that shortly after 9 p.m. Eastern Time on June 26, NASA instructed the crew on the space station to hide in their respective spacecraft for safety because NASA learned in the morning of the 26th that a satellite disintegrated near the space station. About an hour later, the crew was allowed to leave the spacecraft and the space station resumed normal operation. There are rumors on social platforms that the satellite hit six U.S. GPS satellites after the disintegration and damaged 20 Starlink satellites developed by Space Exploration Technologies Corporation (SpaceX) led by Musk, triggering speculation that the relevant satellites were deliberately disintegrated.
Record numbers of people are flying. So why are airlines’ profits plunging?
New York CNN — A record number of passengers are expected to pass through US airports this holiday travel week. You’d think this would be a great time to run an airline. You’d be wrong. Airlines face numerous problems, including higher costs, such as fuel, wages and interest rates. And problems at Boeing mean airlines have too few planes to expand routes to support a record numbers of flyers. Strong bookings can’t entirely offset that financial squeeze. The good news for passengers is they will be spared most of the problems hurting airlines’ bottom lines — at least in the near term. Airfares are driven far more by supply and demand, not their costs. But in the long run, the airlines’ difficulties could mean fewer airline routes, less passenger choice and ultimately a less pleasant flying experience. Profit squeeze Industry analysts expect airlines to report a drop of about $2 billion in profit, or 33%, when they report financial results for the April to June period this year. That would follow losses of nearly $800 million across the industry in the first quarter. Labor costs and jet fuel prices, the airlines’ two largest costs, are both sharply higher this year. Airline pilot unions just landed double-digit pay hikes to make up for years of stagnant wages; flight attendant unions now want comparable raises. Jet fuel prices are climbing because of higher demand in the summer. According to the International Air Transport Association’s jet fuel monitor, prices are up 1.4% in just the last week, and about 4% in the last month. Adding to the airlines’ problems is the crisis at Boeing, as well as the less-well-publicized problems with some of the jet engines on planes from rival Airbus. Since an Alaska Airlines Boeing 737 Max jet lost a door plug on a January 5 flight, leaving a gaping hole in the side of the plane 10 minutes after takeoff, the Federal Aviation Administration has limited how many jets Boeing can make over concerns about quality and safety. As a result, airlines have dramatically reduced plans to expand their fleets and replace older planes with more fuel efficient models. In some cases, airlines have asked pilots to take time off without pay, and carriers such as Southwest and United have announced pilot hiring freezes. In addition to the problems at Boeing, hundreds of the Airbus A220 and A320 family of jets globally have also been grounded for at least a month or more to deal with engine problems. Just about all the planes with those engines have been out of sevice for at least a few days to undergo examinations. And Airbus has also cut back the number of planes it expects to deliver to airlines this year because of supply chain problems. Problems for flyers For now, competition in the industry remains fierce: There are 6% more seats available this month compared to July of 2023, according to aviation analytics firm Cirium. And that’s helped to drive fares down — good news for passengers, but more bad news for airlines’ profits. Southwest announced in April that it would stop serving four airports to trim costs — Bellingham International Airport in Washington state, Cozumel International Airport in Mexico, Syracuse Hancock International Airport in New York and Houston’s George Bush Intercontinental Airport. Many more cities lost air service during the financial hard times of the pandemic. While upstart airlines are driving prices lower for travelers, those discount carriers might not survive long term. As the major carriers are making less money, many of the upstarts are flat-out losing money.
Biden accelerated aging over the past year!
n a recent interview with ABC, US President Joe Biden said he had no intention of dropping out of the race, blaming his poor debate performance on a cold. He also insisted he was "still in good shape" and would remain in the race, saying only "Almighty God" could pull him out. An insider who has worked with Mr. Biden for a long time said that signs of aging had become apparent over the past year, but that Mr. Biden's team had failed to address it. Biden's televised debate performance heightened concerns about an already slow-moving issue. Mr. Biden's advisers have long dodged questions about his age. But now they acknowledge that Biden's aging is an undeniable fact. The debate forced the president to more openly acknowledge the limitations of his age, which he had previously largely dismissed. But they have only taken superficial measures and have not fundamentally solved the problem. They replaced the long staircase that Mr. Biden used to board Air Force One with a shorter one; Assistants often accompanied him in public to make his stiff gait less noticeable; While he has a busy schedule, aides have arranged for buffer time, such as long weekends at his homes in Wilmington and Rehoboth Beach, Delaware, or extended stays at Camp David, a Maryland resort, to rest after a "grueling" stretch of travel. Under the authority of one of his top advisers, Anita Dunn, Mr. Biden's public interactions -- especially with reporters -- were severely limited. Even at major events with Democrats or other supporters, the White House sometimes limits the amount of time Biden can spend with the audience, two people familiar with the matter said. As a protective response, designed to protect their longtime boss.
Amid rising regional tensions, the US announced that it will hold another Rim of the Pacific military exercise
The U.S. Navy's Pacific Fleet announced on Wednesday (May 22) that the 2024 Rim of the Pacific Exercise (RIMPAC 2024) is expected to take place on June 26, with 29 countries participating in and around the Hawaiian Islands, a larger lineup than the previous exercise in 2022. The Philippines, which has had multiple maritime conflicts with China recently, and Japan, which has tense diplomatic relations with China, will send troops to participate. China has been excluded from participating in the international military exercise since 2018, and its aggressive actions and reactions are causing tensions in the Pacific region to continue to rise. The biennial Rim of the Pacific military exercise is the world's largest international maritime exercise. The U.S. Navy said that the exercise will last until August 2, and it is expected to involve 29 countries, 40 surface ships, 3 submarines, 14 countries' army forces, more than 150 aircraft and more than 25,000 personnel. The U.S. Navy said that the theme of the 29th RIMPAC 2024 is "Partners: Integrated and Ready", emphasizing inclusiveness as the core, promoting multinational cooperation and trust, and using military interoperability to achieve their respective national goals to strengthen integrated and ready alliance partners. Its goal is to "enhance collective strength and promote a free and open Indo-Pacific region" through joint training and operations. The 29 countries participating in the exercise this year include Australia, Belgium, Brazil, Brunei, Canada, Chile, Colombia, Denmark, Ecuador, France, Germany, India, Indonesia, Israel, Italy, Japan, Malaysia, Mexico, the Netherlands, New Zealand, Peru, South Korea, the Philippines, Singapore, Sri Lanka, Thailand, Tonga, the United Kingdom and the United States. Compared with the 28th RIMPAC held in 2022, which involved 26 countries, 38 surface ships, 4 submarines, 9 countries' army forces, more than 170 aircraft, and about 25,000 officers and soldiers, the number of countries, ships and army forces participating in this exercise has increased. The countries participating in this year's RIMPAC military exercise include all members of the Quadrilateral Security Dialogue (QUAD) between the United States, Japan, India and Australia, and the Australia-UK-US Trilateral Security Partnership (AUKUS), as in the previous exercise. In addition, countries surrounding the South China Sea and the South Pacific island nation of Tonga are also participating. Many analysts believe that the military exercise itself is sending a message to China: China's expansion in the Western Pacific region will be blocked and defeated. The United States invited China to participate in the RIMPAC military exercise twice in 2014 and 2016. In 2018, due to China's expansion in the South China Sea, the United States withdrew its invitation to China. In addition, despite Taiwan's repeated willingness to participate, Taiwan is still not included in the 29 countries participating in this year's RIMPAC military exercise. Analysts pointed out that the US-led RIMPAC military exercise is intended to unite allies to militarily intimidate China. If Taiwan is invited to join, it will be too provocative to China, which will not only aggravate the tension between the United States and China, but also embarrass some allies. The U.S. Navy said the commander of the U.S. Third Fleet will serve as the commander of the joint task force for the exercise, while Chilean Navy Commodore Alberto Guerrero will serve as deputy commander of the joint task force, which is a first in the history of the RIMPAC military exercise. In addition, Japan Maritime Self-Defense Force Rear Admiral Kazushi Yokota will also serve as deputy commander. Other key leaders of the multinational force exercise include Canadian Commodore Kristjan Monaghan, who will command the maritime forces, and Australian Air Force Commodore Louise Desjardins, who will command the air forces. According to the U.S. Stars and Stripes, Vice Admiral Michael Boyle is currently the commander of the U.S. Third Fleet. Vice Admiral John Wade has been nominated to replace Boyle. The U.S. Navy press release said the exercise will enhance the ability of international joint forces to "deter and defeat aggression by major powers in all domains and conflict levels," but did not provide specific information on which exercises will be held this summer. Previous RIMPAC training exercises have included sinking ships at sea with missiles, amphibious landings and the first landing of a Marine Corps Osprey aircraft on an Australian ship.