Financial Derivatives Litigation
Risk, Regulation, and Responsibility
Financial Derivatives Litigation
Risk, Regulation, and Responsibility
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Description
This book addresses the veritable flood of litigation sparked by interest rate swaps and other financial derivatives and looks at the way in which these disputes are solved across a variety of jurisdictions.
It discusses how the issue is dealt with in Europe -where derivatives litigation is a pervasive problem- by comparing solutions in the UK, Germany, Austria, Switzerland, France, Italy, Spain, the Netherlands, Belgium, Norway, Poland and Hungary. It also addresses financial derivatives litigation beyond Europe, namely in the US, Australia, Hong Kong, and Singapore.
Derivatives litigation raises a variety of highly relevant issues: it provides insights into the duties of care owed by the bank to its clients in terms of information, transparency and warnings; it is revelatory for conflicts of interests, since banks who enter into derivatives take contrarian positions to their clients, raising the question whether they are allowed to do so despite their role as fiduciaries. The book addresses the private law effect of regulatory conduct of business rules included in the European Markets in Financial Instruments Directive (MiFID), and also looks at the capacity of public bodies to enter into derivatives agreements against the backdrop of intricate conflict of laws issues.
By analysing derivatives litigation, the book sheds light on the general relationship between private law, civil procedure, supervisory actions, regulatory action, administrative law, criminal law, and alternative dispute resolution, as well as on how to deal with mass claims in the financial sector.
An essential resource for practitioners involved in cross-border litigation, policy makers, and researchers.
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Navigation
- Page list to go to pages from the print source version
- Elements such as headings, tables, etc for structured navigation
- All or substantially all textual matter is arranged in a single logical reading order
Table of Contents
1. Introduction, Danny Busch (Radboud University, the Netherlands), Matthias Lehmann (University of Vienna, Austria, and Radboud University, the Netherlands) and Gerard McMeel KC (Quadrant Chambers and University of Reading, UK)
Part II: European Legal Systems
2. United Kingdom, Gerard McMeel KC (Quadrant Chambers and University of Reading, UK)
3. Germany, Matthias Lehmann (University of Vienna, Austria, and Radboud University, the Netherlands) and Christian Schmitt (Linklaters, Germany)
4. Austria, Philipp Fidler (Wirtschaftsuniversität Wien, Austria) and Thomas Bart (Austrian Takeover Commission)
5. Switzerland, Aline Darbellay (University of Zurich, Switzerland)
6. France, Geneviève Helleringer (University of Oxford, UK and Essec Business School, Paris) and Jean-Philippe Pons-Henry (Gide Loyrette Nouel, Paris)
7. Italy, Andrea Perrone (Perrone and Associati and Cattolica Milan University, Italy) and Beatrice Giavarini (Cattolica Milan University, Italy)
8. Spain, Fernando Zunzunegui (Universidad Carlos III de Madrid, Spain) and Eva María Bru Peral (Judge)
9. The Netherlands, Danny Busch and Andrée Sikkema-Lenaerts (Radboud University, the Netherlands)
10. Belgium, Evariest Callens (Independent Advisor Financial Regulation and Ghent University, Belgium)
11. Norway, Astrid Iversen and Trude Myklebust (University of Oslo, Norway)
12. Poland, Piotr Tereszkiewicz (Jagiellonian University, Poland) and Julita Zawadzka (KKG Law Firm and Jagiellonian University, Poland)
13. Hungary, Péter Gárdos (Gárdos Mosonyi Tomori Law Office and Eötvös Loránd University, Hungary) and Katalin Budai (Gárdos Mosonyi Tomori Law Firm, Hungary)
Part III: Legal Systems Outside Of Europe
14. United States of America, Gary E Kalbaugh (ING Financial Holdings Corp. and Hofstra University, USA)
15. Australia, Ian Paterson and Max Allan (King and Wood Mallesons, Australia)
16. Hong Kong and Singapore, Sandra Annette Booysen (National University of Singapore)
Part IV: Comparative Law Analysis And Conclusions
17. Comparative Law Analysis and Conclusions, Danny Busch (Radboud University, the Netherlands), Matthias Lehmann (University of Vienna, Austria, and Radboud University, the Netherlands) and Gerard McMeel KC (Quadrant Chambers and University of Reading, UK)
Product details
| Published | 27 May 2027 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 624 |
| ISBN | 9781509991303 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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