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Conflict of Laws and International Finance 1st ed

Philip R. Wood

ISBN13: 9781847032072

New Edition ISBN: 9780414044685

Published: July 2007

Publisher: Sweet & Maxwell Ltd

Country of Publication: Uk

Format: Hardback

Price: Out of print

Volume 6 in the Law & Practice of International Finance Series

This volume contains the world’s first comprehensive survey of the conflict of laws in international finance – from the governing law of contracts generally to conflict of laws in particular areas, such as financial regulation, financial torts, trusts and insolvency. It examines underlying principles and also looks at practical issues such as the construction of jurisdiction clauses.

It includes chapters dealing with:

Governing law of contracts
Jurisdiction over financial contracts
Enforcement of foreign judgments
Conflict of laws for security interests and title finance
Conflict of laws for financial torts and financial trusts
Conflict of laws for regulation of international finance and regulatory jurisdiction
Sovereign immunity
Conflict of laws in insolvency

Subjects:: Conflict of Laws, Banking and Finance

Contents:: 1. Introduction; Part 1: Governing law of contracts; 2. Choice of law and Rome Convention 1980; 3. Scope of governing law; 4. Governing law: foreign currency obligations, exchange controls, embargoes; 5. Governing law: attachments, amalgamations, interest, taxation; 6. Expropriations; Part 2: Jurisdiction over financial contracts; 7. Judicial jurisdiction and financial contracts; 8. European Judgments Regulation; 9. Restrictions on judicial jurisdiction; 10. Commentary on financial jurisdiction clauses; 11. Arbitration and financial contracts; 12. Enforcement of foreign judgments; 13. Prejudgment attachments; Part 3: Security Interests and Property; 14. Governing law of security interests and other property transfers; 15. Arrest and enforcement jurisdiction; 16. Insolvency conflicts for security interests and property; Part 4: Regulation, Torts and restitution in financial law; 17. Regulatory jurisdiction and governing law; 18. Governing law of prospectus liability and other financial torts; 19. Governing law of restitution; 20. Governing law of trusts in financial transactions; Part 5: Sovereign immunity and state aspects; 21. Principles of sovereign immunity; 22. UK, US and EU immunity legislation; 23. Recognition of states; 24. State succession; 25. International organisations; Part 6: Insolvency conflict of laws; 26. Insolvency conflict of laws: introduction and jurisdiction; 27. Recognition of foreign insolvency stays and representatives; 28. Applicable law of insolvency issues; 29. EU Insolvency Regulation; 30. UNCITRAL Model Law on Cross-Border Insolvency and implementation;