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Conflict of Laws in International Finance

Conflict of Laws in International Finance
2nd Edition
Series:  Law and Practice of International Finance Series
ISBN:  9780414044685
Published by:  Sweet & Maxwell
Publication Date:  24 Jul 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.

This book explains how core issues of international finance are affected by conflict of laws issues. It explains the governing law of contracts, arbitration, an enforcement of foreign judgments. It sets out the conflict of laws issues for each of the products and processes covered in the other books in the series, including security interests, title finance, trusts, regulation and insolvency.

Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.

Key features:
  • Gives practical guidance on the conflict of laws from the governing law of contracts to areas such as financial regulation, financial torts, trusts and insolvency
  • Helps readers decide which legal system to adopt and how to resolve issues
  • Covers the governing law of contracts, so that the basis on which international financial contracts should operate is clear
  • Explains jurisdiction over financial contracts, in particular the arbitration of financial contracts and the enforcement of foreign judgments
  • Looks in detail at conflict of laws for security interests and title finance 
  • Examines conflict of laws for financial torts and financial trusts
  • Discusses the conflict of laws for regulation of international finance and regulatory jurisdiction, making the application of the correct regulations simpler
  • Provides coverage of sovereign immunity in the UK, US and EU as well as the recognition of states, state succession and international organisations
  • Includes special treatment of conflict of laws in insolvency

CONTENTS

Part 1: General
1   The Topic
2   The Triple Polarisation

Part 2: Governing Law of Contracts
3   Factors Governing Choice of law
4   Rome I on Contracts: Summary and Main Provisions
5   Express Choices of Law
6   Contract Issues not Governed by Chosen Law
7   Contract Choice of Law
8   Contracts: Public Policy, Illegality, Discharge
9   Foreign Currency Obligations; Exchange Controls; Currency Unions
10 Sanctions and Embargoes
11 Usury; Tax
 
Part 3: Judicial Jurisdiction
12 International Survey of Judicial Jurisdiction
13 Judicial Jurisdiction in England
14 European Recast Judgments Regulation 2012: Summary and Scope
15 EU Judgments: Domicile and its Alternatives
16 EU Judgments: Jurisdiction Agreements
17 EU Judgments: Pending Actions
18 EU Judgments: Recognition and Enforcement
19 Hague Convention on Choice of Court Agreement 2005
20 Inconvenient Forum; Multiple Actions
21 Jurisdiction Clauses
22 Arbitration
23 Enforcement of Foreign Judgments
24 Pre-Judgment and Other Attachments
25 European Account Preservation Orders

Part 4: Particular Topics
26 Tort and restitution 
27 Trusts 
28 Set-off and netting

Part 5: Security Interests
29 Security Interests: Introduction and Classification of Issues
30 Contractual Aspects of Security Agreements
31 Security: Principles of the Law of the Location of Assets
32 Security: Characterisation Creation, Perfection, Priorities
33 Security Enforcement: Jurisdiction and Governing Law of Enforcement
34 Security: Bankruptcy Conflicts

Part 6: Settlement Systems; Financial Regulation
35 Payment and Securities Settlement Systems 
36 Financial Regulation 

Part 7: Insolvency
37 Insolvency Conflict of Laws: the Topic
38 Insolvency Jurisdiction
39 Recognition of Foreign Insolvency Representatives and Stays 
40 Survey of International Recognition of Foreign Representative and Stays
41 Insolvency: Contracts; Unsecured Creditors; Preferences
42 Insolvency: Procedure, Plans, Directors
43 Insolvency: Groups, Discovery, Penalties
44 International Insolvency Treaties
45 EU Insolvency Regulation: History and Summary
46 EU Insolvency Regulation: Application and Jurisdiction

REVIEWS

Review of 1st Edition:
“In this title, the author draws together quite disparate areas of conflict of laws as they relate to financial law, ranging from the basic principles of governing law and jurisdiction through to security interests and other property transfers, through to regulatory conflicts to insolvency and recognition of states.” 
– G Gómez Giglio, Journal of International Banking Law and Regulation, 2008
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