The Financial Courts
The Financial Courts
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
Reviews & endorsements
‘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, 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, 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, Banking & Finance Law Review
‘… A must-read for any practitioner or those interested in the field of financial derivatives …' Banking and Finance Law Review
Product details
January 2021Hardback
9781108474795
400 pages
155 × 235 × 25 mm
0.74kg
Available
Table of Contents
- 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.
