Conflict of Laws and International Finance 2nd ed: Volume 8

Conflict of Laws and International Finance 2nd ed: Volume 8
Product ISBN: 9780414044685
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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

Table of 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