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
4 - The Regulatory Framework for Mis-selling Claims
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
Paradigmatic mis-selling claims involving OTC derivatives are based upon contract and tort law. Those types of claims, and the defences routinely deployed against them, are explored in subsequent chapters. We shall see in those chapters, as in later parts of the book, how the specialist mode of contractual interpretation adapted to the derivatives markets is integral to every stage of such claims. In many cases, in fact, it is decisive. However, the paradigmatic claims arising in this part of the financial markets are important not only for their own sake and for commercial law more broadly, but also because of how they relate to the regulatory rules in place to protect participants in the OTC derivatives markets, which is the concern of this chapter. In particular, as this chapter shows, the limitations of the regulatory schemes of redress in this context commensurately increase the significance of the private law claims explored in the remainder of this study.
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- The Financial CourtsAdjudicating Disputes in Derivatives Markets, pp. 120 - 153Publisher: Cambridge University PressPrint publication year: 2021