The Financial Courts
Adjudicating Disputes in Derivatives Markets
Series: International Corporate Law and Financial Market Regulation;
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Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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Product details:
- Publisher Cambridge University Press
- Date of Publication 7 July 2022
- ISBN 9781108465489
- Binding Paperback
- No. of pages416 pages
- Size 229x152x22 mm
- Weight 555 g
- Language English 268
Categories
Short description:
Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.
MoreLong description:
In The Financial Courts, Jo Braithwaite analyses thirty years of cases involving the global derivatives markets, exploring the nature of these legal disputes and assessing their impact on financial markets and on commercial law more broadly. Weaving together this substantial body of cases with theoretical insights drawn from the growing literature on the internationalisation of financial law, Braithwaite offers readers a detailed and highly original contribution to the debate about the role of private law in international financial markets. This important work should be read by lawyers, economists and regulators in the field.
'This is an outstanding contribution to our knowledge of not only the derivatives markets but financial markets more generally. It should be compulsory reading for audience of this journal.' Sir Ross Cranston, Butterworths Journal of International Banking and Financial Law
Table of Contents:
Introduction; 1. The modern derivatives markets; 2. Global markets and the English courts; 3. Interpreting the ISDA master agreement; 4. The regulatory framework for mis-selling claims; 5. Private law claims for mis-selling; 6. The effects of defensive drafting; 7. Challenging decision-making; 8. Challenging choice of jurisdiction; 9. Challenging choice of law; 10. The future of the financial courts.
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