The Financial Courts
Adjudicating Disputes in Derivatives Markets
Series: International Corporate Law and Financial Market Regulation;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 7 January 2021
- ISBN 9781108474795
- Binding Hardback
- No. of pages416 pages
- Size 155x235x25 mm
- Weight 740 g
- Language English 127
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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