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The Financial Courts: Adjudicating Disputes in Derivatives Markets

The Financial Courts: Adjudicating Disputes in Derivatives Markets

The Financial Courts: Adjudicating Disputes in Derivatives Markets

Author: Jo Braithwaite
Publisher: Cambridge University Press
ISBN: 9781108474795

Published In: January 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108465489

List Price: HKD 1,560.00

HKD 1,513.20 Save HKD 46.80 (3%)

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Description
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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.

Analyses three decades of English cases involving modern derivatives markets, alongside reference to leading cases decided in New York and in other major jurisdictions (e.g., Singapore, Hong Kong)
Evaluates private law issues arising in the modern financial markets, from contractual interpretation to jurisdiction disputes
Explains the complex relationship between the evolution of financial markets and the role of the courts

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

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