Book contents
- The Financial Courts
- The Financial Courts
- Copyright page
- Contents
- Preface
- Table of Cases
- Table of Legislation
- 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 Defensive Drafting
- 7 Challenging Decision-making
- 8 Challenging Choice of Jurisdiction
- 9 Challenging Choice of Law
- 10 The Future of the Financial Courts
- Appendix Legislative Framework for Contractual Jurisdiction Provisions
- Index
8 - Challenging Choice of Jurisdiction
Published online by Cambridge University Press: 19 December 2020
- The Financial Courts
- The Financial Courts
- Copyright page
- Contents
- Preface
- Table of Cases
- Table of Legislation
- 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 Defensive Drafting
- 7 Challenging Decision-making
- 8 Challenging Choice of Jurisdiction
- 9 Challenging Choice of Law
- 10 The Future of the Financial Courts
- Appendix Legislative Framework for Contractual Jurisdiction Provisions
- Index
Summary
Financial markets litigants may, for different reasons, seek to bypass the legal landscape discussed thus far. Where parties have agreed to contracts expressly selecting English law and, in some version of a jurisdiction clause, the English courts, this may give rise to a preliminary dispute about the effects of the parties’ contractual choices. If so, the result is a classic example of what Robert Wai refers to as ‘“touchdown” points’ between a private regime and state law. The concern of the current and the following chapter is how the English courts navigate challenges to the choice of jurisdiction and governing law provided for in derivatives contracts, and the related legal issues that arise as a result of the global reach of the modern OTC markets. The principal focus here is claims arising out of or connected to the parties’ contract; where allegations relate to a broader, fraudulent scheme, the tort of conspiracy or deceit different principles will apply to determine governing law and jurisdiction.
Keywords
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- Information
- The Financial CourtsAdjudicating Disputes in Derivatives Markets, pp. 279 - 311Publisher: Cambridge University PressPrint publication year: 2021