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Publisher:
Cambridge University Press
Online publication date:
December 2020
Print publication year:
2021
Online ISBN:
9781108647434

Book description

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.

Awards

Co-winner, 2022 The Inner Temple Book Prize, The Inner Temple

Reviews

‘This is an outstanding contribution to our knowledge of not only the derivatives markets but financial markets more generally. It should be compulsory reading for audience of this journal.’

Sir Ross Cranston Source: Butterworths Journal of International Banking and Financial Law

‘The book under review provides an excellent cornerstone for further research exploring the evolution of the role of English courts in financial markets in light of technological developments. The book also provides an insightful account of English law that will support comparative studies and research on the roles of national courts in dealing with complex financial transactions in the future.’

Christopher Chen Source: The Modern Law Review

‘… the book is well written and exudes the vigorous amount of research undertaken. It is a must-read for any practitioner or those interested in the field of financial derivatives as it encapsulates and clearly traces the development of jurisprudence in the field of derivatives litigation. The book will certainly go on to establish itself as one of the most important works in the academic landscape of derivatives.’

Namit Bafna Source: Banking & Finance Law Review

‘… A must-read for any practitioner or those interested in the field of financial derivatives …'

Source: Banking and Finance Law Review

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Contents

  • The Financial Courts
    pp i-ii
  • The Financial Courts - Title page
    pp iii-iii
  • Adjudicating Disputes in Derivatives Markets
  • Copyright page
    pp iv-iv
  • Contents
    pp v-viii
  • Preface
    pp ix-xiii
  • Table of Cases
    pp xiv-xxv
  • Table of Legislation
    pp xxvi-xxxii
  • Introduction
    pp 1-13
  • 1 - The Modern Derivatives Markets
    pp 14-49
  • 2 - Global Markets and the English Courts
    pp 50-75
  • 3 - Interpreting the ISDA Master Agreement
    pp 76-119
  • 4 - The Regulatory Framework for Mis-selling Claims
    pp 120-153
  • 5 - Private Law Claims for Mis-selling
    pp 154-199
  • 6 - Defensive Drafting
    pp 200-240
  • 7 - Challenging Decision-making
    pp 241-278
  • 8 - Challenging Choice of Jurisdiction
    pp 279-311
  • 9 - Challenging Choice of Law
    pp 312-336
  • 10 - The Future of the Financial Courts
    pp 337-364
  • Appendix - Legislative Framework for Contractual Jurisdiction Provisions
    pp 365-368
  • Index
    pp 369-382

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