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Conflict of Laws and International Finance, 2nd Edition

Conflict of Laws and International Finance, 2nd Edition

Author: Philip R. Wood
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414044685

Previous Edition ISBN: 9781847032072
Published In: July 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 4,056.00

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Description
Contents

Details

The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.

This book explains how core issues of international finance are affected by conflict of laws issues. It explains the governing law of contracts, arbitration, an enforcement of foreign judgments. It sets out the conflict of laws issues for each of the products and processes covered in the other books in the series, including security interests, title finance, trusts, regulation and insolvency.

Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.

Key features:

Gives practical guidance on the conflict of laws from the governing law of contracts to areas such as financial regulation, financial torts, trusts and insolvency
Helps readers decide which legal system to adopt and how to resolve issues
Covers the governing law of contracts, so that the basis on which international financial contracts should operate is clear
Explains jurisdiction over financial contracts, in particular the arbitration of financial contracts and the enforcement of foreign judgments
Looks in detail at conflict of laws for security interests and title finance
Examines conflict of laws for financial torts and financial trusts
Discusses the conflict of laws for regulation of international finance and regulatory jurisdiction, making the application of the correct regulations simpler
Provides coverage of sovereign immunity in the UK, US and EU as well as the recognition of states, state succession and international organisations
Includes special treatment of conflict of laws in insolvency

Part 1: General
1. The Topic
2. The Triple Polarisation

Part 2: Governing Law of Contracts
3. Factors Governing Choice of law
4. Rome I on Contracts: Summary and Main Provisions
5. Express Choices of Law
6. Contract Issues not Governed by Chosen Law
7. Contract Choice of Law
8. Contracts: Public Policy, Illegality, Discharge
9. Foreign Currency Obligations; Exchange Controls; Currency Unions
10. Sanctions and Embargoes
11. Usury; Tax

Part 3: Judicial Jurisdiction
12. International Survey of Judicial Jurisdiction
13. Judicial Jurisdiction in England
14. European Recast Judgments Regulation 2012: Summary and Scope
15. EU Judgments: Domicile and its Alternatives
16. EU Judgments: Jurisdiction Agreements
17. EU Judgments: Pending Actions
18. EU Judgments: Recognition and Enforcement
19. Hague Convention on Choice of Court Agreement 2005
20. Inconvenient Forum; Multiple Actions
21. Jurisdiction Clauses
22. Arbitration
23. Enforcement of Foreign Judgments
24. Pre-Judgment and Other Attachments
25. European Account Preservation Orders

Part 4: Particular Topics
26. Tort and restitution
27. Trusts
28. Set-off and netting

Part 5: Security Interests
29. Security Interests: Introduction and Classification of Issues
30. Contractual Aspects of Security Agreements
31. Security: Principles of the Law of the Location of Assets
32. Security: Characterisation Creation, Perfection, Priorities
33. Security Enforcement: Jurisdiction and Governing Law of Enforcement
34. Security: Bankruptcy Conflicts

Part 6: Settlement Systems; Financial Regulation
35. Payment and Securities Settlement Systems
36. Financial Regulation

Part 7: Insolvency
37. Insolvency Conflict of Laws: the Topic
38. Insolvency Jurisdiction
39. Recognition of Foreign Insolvency Representatives and Stays
40. Survey of International Recognition of Foreign Representative and Stays
41. Insolvency: Contracts; Unsecured Creditors; Preferences
42. Insolvency: Procedure, Plans, Directors
43. Insolvency: Groups, Discovery, Penalties
44. International Insolvency Treaties
45. EU Insolvency Regulation: History and Summary
46. EU Insolvency Regulation: Application and Jurisdiction