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A wide-ranging study of derivatives market litigation that will be of interest to private lawyers, financial law specialists, practitioners, regulators and economists. Braithwaite engages with the diverse legal and financial issues emerging from this substantial body of litigation in a clear, authoritative and accessible way.
Table des matières
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.
A propos de l'auteur
Jo Braithwaite is an Associate Professor of International Commercial Finance Law at the London School of Economics and Political Science and an Associate Academic Fellow of the Honourable Society of the Inner Temple. Her areas of expertise relate to the use of private law in international financial markets, including the post-crisis reform of the OTC derivatives markets. She has published widely on such topics, winning awards for both her research and teaching in this field. Before undertaking her doctorate, Jo practised as a solicitor in a City of London law firm, where she specialised in litigation.
Résumé
A wide-ranging study of derivatives market litigation that will be of interest to private lawyers, financial law specialists, practitioners, regulators and economists. Braithwaite engages with the diverse legal and financial issues emerging from this substantial body of litigation in a clear, authoritative and accessible way.
Préface
Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.
