The Financial Courts
Adjudicating Disputes in Derivatives Markets

Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.

Jo Braithwaite (Author)

9781108474795, Cambridge University Press

Hardback, published 7 January 2021

400 pages
15.5 x 23.5 x 2.5 cm, 0.74 kg

'… A must-read for any practitioner or those interested in the field of financial derivatives …' Banking and Finance Law Review

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.

Subject Areas: Banking law [LNPB], Financial law [LNP], Legal system: general [LNA], Private international law & conflict of laws [LBG]