Subjects:

Banking and Finance, Insolvency Law

Contents:

Preface

Biographies of Contributors

Introduction

1 Argentina

2 Australia

3 Austria

4 Belgium

5 Brazil

6 Canada

7 Chile

8 Czech Republic

9 Denmark

10 England

11 Finland

12 France

13 Germany

14 Hong Kong

15 India

16 Ireland

17 Italy

18 Japan

19 Luxembourg

20 Mexico

21 The Netherlands

22 New Zealand

23 Poland

24 Portugal

25 Singapore

26 South Africa

27 South Korea

28 Spain

29 Sweden

30 Switzerland

31 USA (New York)

Comparative Table

Set-Off Law and Practice - An International Handbook is an invaluable guide to the application and practice of the rules of set-off in over 30 jurisdictions, spanning Europe, Asia and the US. The use of set-off as a mechanism for risk reduction in cross-border financial contracts has increased in recent years as market participants seek to reduce both operational risk (Herstatt Risk) and credit risk. For this reason, the enforceability of set-off both outside and within insolvency has become particularly relevant for market participants and their legal advisors.

Written by an expert contributor team from around the world, each chapter explains the principles of rules of set-off in the jurisdiction concerend, followed by a case study analysing the principles and relevant problems in practice. Including comparative tables showing how the different aspects of set-off are applied in each country, this work provides an at-a-glance port of call for UK banking and finance solicitors and foreign lawyers who wish to establish the pitfalls of set-off in a foreign jurisdictione.

• Unique international coverage of this topic
• Case studies cover problem areas and provide solutions in each jurisdiction
• Expert contributor team drawn from leading practitioners around the world
• Provides comparative tables giving at-a-glance key information across the jurisdictions covered