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Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.
List of contents
- Part I - The Conceptual Framework
- 1: An Introduction on Courts' and Principles-Based Interpretivism
- 2: Finance, the Rule of Law and the Courts
- Part II -Public Law Disputes in the Law of Finance
- 3: An Anatomy of Issues in Public Law disputes
- 4: Financial Authorities' Decisions, their Justiciability and Accountability
- 5: Courts Review of Monetary and Financial Stability Decisions
- 6: Courts Review of Regulatory and Supervisory Decisions
- 7: Courts Review of Crisis Management Decisions
- Part III - Private Law Disputes in the Law of Finance
- 8: An Anatomy of Issues in Private Law Disputes
- 9: Courts, and the Law of Liability for Misstatements in Securities Offerings
- 10: Courts and Financial Contract Disputes
- 11: Courts in Insolvency, Collateral and Inter-creditor Disputes
- Part IV -Towards Better Justice in Finance. The Case for Specialized Courts in Europe
- 12: Dispute Resolution in Finance and its Shortcomings: Europe as a Test Case
- 13: A Snapshot of the Current Court System's Nodes, and Challenges
- 14: A Way Forward: Specialised Courts in the Law of Finance in the EU
About the author
Marco Lamandini is Full Professor of Commercial Law at the University of Bologna. He is a member of the Academic Board of the European Capital Markets Institute (ECMI), the Appeal Panel for the Single Resolution Board (SRB), the Italian Arbitro Bancario Finanziario, and the Informal Company Law Expert Group (ICLEG) appointed by the European Commission. He currently serves as a Vice-Chair of the Academic Board of the European Banking Institute (EBI) and was formerly President of the Board of Appeal of the European Financial Supervisory Authorities. Prof. Lamandini is an advisor to the ECON Committee of the European Parliament, providing legal expertise on bank resolution matters. He has published extensively on banking and financial law.
David Ramos Muñoz is an Associate Professor of Commercial Law at Carlos III University, and an Academic Board Member of the European Banking Institute, leading its Working Group on Finance, Climate Change and Sustainability. He is the author of The Law of Transnational Securitization (OUP, 2010) and numerous journal articles on the Law of Finance. In addition to his academic work, he advises the European Parliament and collaborates with UNIDROIT in bank resolution and crisis management. Prof. Ramos Muñoz is involved in financial disputes as an Alternate Member of the Board of Appeal of the European Supervisory Authorities (ESAs) and the Appeal Panel for the Single Resolution Board (SRB), and works as a commercial arbitrator.
Summary
Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.
