Financial Derivatives Litigation

Risk, Regulation, and Responsibility
Erscheinungsjahr 2027
ISBN: 978-1-5099-9133-4
Verlag: Bloomsbury Academic

Buch, Englisch, 624 Seiten, Hardback, Format (B × H): 169 mm x 244 mm, Gewicht: 454 g

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.

Autoren/Hrsg.

Busch, Danny

Lehmann, Matthias

McMeel KC, Gerard

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part I: Introduction
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)

Über Autor(innen)

Lehmann, Matthias
Matthias Lehmann is Professor of Private Law, International Private Law and Comparative Law at the University of Vienna, Austria and Professor of European and Comparative Business Law at Radboud University Nijmegen, the Netherlands.

Busch, Danny
Danny Busch is Professor of Financial Law and Director of the Institute for Financial Law (IFL) at the University of Nijmegen, the Netherlands; Research Fellow of Harris Manchester College and a Fellow of the Commercial Law Centre, University of Oxford; Visiting Professor at Université de Nice Côte d'Azur, Università Cattolica del Sacro Cuore di Milano, and Università degli studi di Genova; Member of the Dutch Banking Disciplinary Committee (Tuchtcommissie Banken); Member of the Appeal Committee of the Dutch Complaint Institute Financial Services (Klachteninstituut Financiële Dienstverlening, KiFiD).

McMeel KC, Gerard
Gerard McMeel KC is a commercial, banking and financial services lawyer, both as an academic and practitioner. He was appointed Queen's Counsel in March 2020 (now King's Counsel), and practises from Quadrant Chambers, London. Gerard has appeared in a significant number of leading cases in investment law in the English courts, and in cases in private and commercial law more generally.

As an academic lawyer, he specialises in contract law, commercial law, banking and financial services law and regulation, He is the author of a leading text on the construction of commercial contract. He has held Chairs at three UK universities. He is the Professor of Commercial and Financial Law, and the Director of the Centre for Commercial Law and Financial Regulation, at the University of Reading, UK. Gerard was previously the Professor of Commercial Law at the University of Manchester, a Professor of Law at the University of Bristol.

Danny Busch is Professor of Financial Law and Director of the Institute for Financial Law at the University of Nijmegen, the Netherlands.

Matthias Lehmann is Professor of Private Law, International Private Law and Comparative Law at the University of Vienna, Austria and Professor of European and Comparative Business Law at Radboud University Nijmegen, the Netherlands.
Gerard McMeel KC is a barrister practising from Quadrant Chambers and Professor of Commercial and Financial Law at the University of Reading, UK.