The Law on Financial Derivatives

5. Auflage 2012
ISBN: 978-1-84703-889-0
Verlag: Sweet & Maxwell

Buch, Englisch

The Law on Financial Derivatives offers you an extensive analysis and explanation of the legal and regulatory principles underlying over-the-counter (OTC) derivatives in the UK. Drawing together concepts from many areas of law – including contract, tort, trusts and private international law – it shows how they relate to the day-to-day practice of financial derivatives markets and the completion of standard market contracts.

Whether you’re looking for concise, to-the-point guidance on the basic issues of OTC derivatives, or a thorough, in-depth analysis of some of the more complex issues surrounding the industry, this title provides you with all the information you need to advise your clients confidently.

This new edition covers all of the litigation which has arisen in the wake of the collapse of Lehman Brothers and the credit crunch; explains the proposals for the regulation of derivatives in the EU and in the USA; and provides a full analysis of the ISDA Master Agreement and the many recent cases which have cast doubt on ist effectiveness.

Provides an extensive analysis and explanation of the legal and regulatory aspects of over-the-counter (OTC) derivatives in the UK and in the EU

Covers all the key aspects of derivative products such as creating and structuring derivatives contracts, interpreting and performing standard market agreements, effecting security and collateral arrangements, set-off and netting

Considers the manner in which existing legal principles - such as contract, tort, trusts - relate to OTC derivatives transactions

Analyses the new code for the taxation of derivatives in the UK

Discusses conflict of laws issues

Analyses the standard market documentation in depth

Includes in-depth analysis of cases and regulatory changes

Considers real-world problems faced by practitioners working in-house or in private practice, and suggests solutions

New to this edition:

Updated to consider the proposals for the regulation of derivatives in the EU, including the transaction of derivatives on regulated markets and the clearing of derivatives, as well as the impact of MiFID on derivatives

Expanded to include new coverage of collateralised debt obligations

Comprehensive and authoritative analysis of nearly one hundred new cases relating to derivatives, including:

Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd (“Perpetual Trustee”)

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL

Lomas v AFB Firth Rixson; Marine Trade v Pioneer Freight Futures Co Ltd BVI

Pioneer Freight Futures v COSCO Bulk Carriers

Pioneer Freight Futures v TMT Asia

Titan Steel Wheels v Royal Bank of Scotland

Peekay Intermark Ltd v ANZ

Flame SA v Primera Maritime

JP Morgan v Springwell

IFE v Goldman Sachs

Camerata Property Inc v Credit Suisse Securities (Europe) Ltd

Cassa di Risparmio SpA v Barclays Bank Ltd

Cukurova Finance International Ltd v. Alfa Telecom Turkey Ltd

Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers Finance S.A.

Britannia Bulk Navigation v Pioneer Navigation Ltd

Morgan Stanley & Co International plc v China Haisheng Juice Holdings Co Ltd

JP Morgan Chase Bank NA v Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts

Lehman Brothers Special Financing Inc v Carlton Communications Ltd

Deutsche Morgan Grenfell Group plc v IRC

Prudential plc v Revenue and Customs Commissioners

Kato Kagaku Co Ltd v Revenue and Customs Commissioners

HMRC v Enron Europe

UBS AG v HSH Nordbank AG

Rainy Sky SA v Kookmin Bank

Looks at the legal and regulatory developments arising from the credit crunch

Analyses the Corporation Tax Act 2009 code on the taxation of derivatives contracts

Analyses the recent case law on the interpretation of contracts as it applies to derivatives transactions

Comprehensive analysis of the termination of agreements and of the extensive case law relating to restitution of money paid under failed derivatives contracts

Analysis of the effects of insolvency on set-off and the termination of derivatives

Full analysis of the standard market documentation of derivatives, with advice for in-house counsel and other practitioners

Autoren/Hrsg.

Hudson, Alastair

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht

Inhaltsverzeichnis

Introduction

Part A: Documentation and Nature of Derivatives
Chapter 1: The Products
Chapter 2: Master Agreements and Confirmations
Chapter 3: Termination of Master Agreements
Chapter 4: Structuring Derivatives Contracts

Part B: Substantive Law and Derivatives
Chapter 5: The Creation of Derivatives Contracts
Chapter 6: The Validity of Derivatives Contracts
Chapter 7: Liability in Selling Derivatives
Chapter 8: The Performance and Interpretation of Derivatives Contracts
Chapter 9: Termination and Recovery in Derivatives Contracts
Chapter 10: Conflict of Laws

Part C: Taking Security
Chapter 11: Taking Security in Derivatives Contracts
Chapter 12: Collateral and Standard Credit Support Agreements
Chapter 13: Set-off, Netting and Insolvency

Part D: Regulation and Taxation
Chapter 14: Taxation of Financial Derivatives
Chapter 15: The Development of Derivatives Regulation
Chapter 16: EU Regulation of Financial Services
Chapter 17: UK Regulation of Derivatives and Finance
Chapter 18: US Regulation of Derivatives

Index