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The Financial Courts: Adjudicating Disputes in Derivatives Markets


ISBN13: 9781108474795
Published: January 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition , ISBN13 9781108465489



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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.

  • Analyses three decades of English cases involving modern derivatives markets, alongside reference to leading cases decided in New York and in other major jurisdictions (e.g., Singapore, Hong Kong)
  • Evaluates private law issues arising in the modern financial markets, from contractual interpretation to jurisdiction disputes
  • Explains the complex relationship between the evolution of financial markets and the role of the courts

Subjects:
Banking and Finance
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

Series: International Corporate Law and Financial Market Regulation

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