Conflict of Laws

Conflict of Laws and International Finance

By Philip R Wood, QC (Hon)
Sweet & Maxwell U.K. July 2007

Specifications

ISBN-13
9781847032072
Publisher
Sweet & Maxwell U.K.
Publication
July 2007
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Part of the Law and Practice of International Finance series, this guide presents a detailed examination of the key issues relevant to the conflict of laws and international finance. This volume:

  • 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 you decide which legal system to adopt and how to resolve issues
  • Covers the governing law of contracts so you are clear of the basis on which international financial contracts should operate
  • Explains jurisdiction over financial contracts so you can advise clients on areas including arbitration of financial contracts and enforcement of foreign judgments
  • Looks in detail at conflict of laws for security interests and title finance so you are completely informed on these important areas
  • 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 giving you expert guidance

Table of Contents

Governing law of contracts
  • Choice of law and Rome Convention 1980
  • Scope of governing law
  • Governing law: foreign currency obligations, exchange controls, embargoes
  • Governing law: attachments, amalgamations, interest, taxation
  • Expropriations
Jurisdiction over financial contracts
  • Judicial jurisdiction and financial contracts
  • European judgments regulation
  • Restrictions on judicial jurisdiction
  • Commentary on financial jurisdiction clauses
  • Arbitration and financial contracts
  • Enforcement of foreign judgments
  • Prejudgment attachments
Security interests and property
  • Governing law of security interests and other property transfers
  • Arrest and enforcement jurisdiction
  • Insolvency conflicts for security interests and property
Regulation, torts and restitution in financial law
  • Regulatory jurisdiction and governing law
  • Governing law of prospectus liability and other financial torts
  • Governing law of restitution
  • Governing law of trusts in financial transactions
Sovereign immunity and state aspects
  • Principles of sovereign immunity
  • UK, US and EU immunity legislation
  • Recognition of states
  • State succession
  • International organisations
Insolvency conflict of laws
  • Insolvency conflict of laws: introduction and jurisdiction
  • Recognition of foreign insolvency stays and representatives
  • Applicable law of insolvency issues
  • EU Insolvency Regulation
  • UNCITRAL Model Law on Cross-Border Insolvency and implementation
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