The Financial Courts: Adjudicating Disputes in Derivatives Markets (International Corporate Law and Financial Market Regulation)
Cambridge University Press, 1/7/2021
EAN 9781108474795, ISBN10: 1108474799
Hardcover, 400 pages, 22.9 x 15.2 x 2.4 cm
Language: English
Originally published in English
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.
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.