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LME faces Elliott Management’s US$456 million lawsuit for suspending nickel futures trading, cancelling trades

  • Elliott International and Elliott Associates, two Elliott affiliates, claim LME’s trading suspension constituted a breach of their human rights
  • The trading halt has raised concerns about LME’s approach to the nickel price crisis

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Traders, brokers and clerks on the trading floor of the open outcry pit at the London Metal Exchange Ltd. (LME) in London on Monday, Feb. 28, 2022. Photo: Bloomberg

The London Metal Exchange (LME) has been sued in the British courts by affiliates of American hedge fund Elliott Management over its controversial decision in early March to suspend trading of nickel futures contracts and cancel trades in the metal amid a short squeeze on the century-old bourse.

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Elliott International and Elliott Associates have filed a judicial review claim in England’s High Court of Justice against LME for US$456 million, claiming that the trading suspension and trades cancellation “constituted a violation of [their] human rights”. The suit was filed on June 1, and served on the metals exchange on June 2.

The suit is “without merit”, and LME will “contest the claim vigorously”, according to a statement on Monday by Hong Kong Exchanges and Clearing (HKEX), which owns LME following a takeover in June 2012.

The lawsuit came as Nicolas Aguzin, HKEX’s CEO, was expected in London to meet LME executives to celebrate the 10th anniversary of its acquisition this month. HKEX’s shares fell by as much as 1.2 per cent in Hong Kong in early morning trading, before rising 1.6 per cent to close at HK$347.60 on Monday.

The LME “acted unlawfully in that it exceeded its powers” in cancelling trades on March 8 or exercised its powers “unreasonably and irrationally” at the time by taking into account “irrelevant factors”, such as its own financial position, an Elliott spokesperson said.

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A LME spokeswoman said the exchange believed the nickel market had become “disorderly” in the early hours of March 8 and the decision was made to cancel trades in order “to take the market back to the last point in time at which the LME could be confident that the market was operating in an orderly way”.

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