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The Financial Courts Jo Braithwaite (London School of Economics and Political Science)

The Financial Courts By Jo Braithwaite (London School of Economics and Political Science)

Summary

A wide-ranging study of derivatives market litigation that will be of interest to private lawyers, financial law specialists, practitioners, regulators and economists. Braithwaite engages with the diverse legal and financial issues emerging from this substantial body of litigation in a clear, authoritative and accessible way.

The Financial Courts Summary

The Financial Courts: Adjudicating Disputes in Derivatives Markets by Jo Braithwaite (London School of Economics and Political Science)

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.

The Financial Courts 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, 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

About Jo Braithwaite (London School of Economics and Political Science)

Jo Braithwaite is an Associate Professor of International Commercial Finance Law at the London School of Economics and Political Science and an Associate Academic Fellow of the Honourable Society of the Inner Temple. Her areas of expertise relate to the use of private law in international financial markets, including the post-crisis reform of the OTC derivatives markets. She has published widely on such topics, winning awards for both her research and teaching in this field. Before undertaking her doctorate, Jo practised as a solicitor in a City of London law firm, where she specialised in litigation.

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.

Additional information

NPB9781108465489
9781108465489
110846548X
The Financial Courts: Adjudicating Disputes in Derivatives Markets by Jo Braithwaite (London School of Economics and Political Science)
New
Paperback
Cambridge University Press
2022-07-07
414
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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