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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Conflict of Laws and International Finance 2nd ed: Volume 8 isbn 9780414044685

Conflict of Laws and International Finance 1st ed


ISBN13: 9781847032072
New Edition ISBN: 9780414044685
Published: July 2007
Publisher: Sweet & Maxwell Ltd
Country of Publication: Uk
Format: Hardback
Price: Out of print



Volume 6 in the Law & Practice of International Finance Series

This volume contains the world’s first comprehensive survey of the conflict of laws in international finance – from the governing law of contracts generally to conflict of laws in particular areas, such as financial regulation, financial torts, trusts and insolvency. It examines underlying principles and also looks at practical issues such as the construction of jurisdiction clauses.

It includes chapters dealing with:

  • Governing law of contracts
  • Jurisdiction over financial contracts
  • Enforcement of foreign judgments
  • Conflict of laws for security interests and title finance
  • Conflict of laws for financial torts and financial trusts
  • Conflict of laws for regulation of international finance and regulatory jurisdiction
  • Sovereign immunity
  • Conflict of laws in insolvency

Subjects:
Conflict of Laws, Banking and Finance
Contents:
1. Introduction

Part 1: Governing law of contracts
2. Choice of law and Rome Convention 1980
3. Scope of governing law
4. Governing law: foreign currency obligations, exchange controls, embargoes
5. Governing law: attachments, amalgamations, interest, taxation
6. Expropriations

Part 2: Jurisdiction over financial contracts
7. Judicial jurisdiction and financial contracts
8. European Judgments Regulation
9. Restrictions on judicial jurisdiction
10. Commentary on financial jurisdiction clauses
11. Arbitration and financial contracts
12. Enforcement of foreign judgments
13. Prejudgment attachments

Part 3: Security Interests and Property
14. Governing law of security interests and other property transfers
15. Arrest and enforcement jurisdiction
16. Insolvency conflicts for security interests and property

Part 4: Regulation, Torts and restitution in financial law
17. Regulatory jurisdiction and governing law
18. Governing law of prospectus liability and other financial torts
19. Governing law of restitution
20. Governing law of trusts in financial transactions

Part 5: Sovereign immunity and state aspects
21. Principles of sovereign immunity
22. UK, US and EU immunity legislation
23. Recognition of states
24. State succession
25. International organisations

Part 6: Insolvency conflict of laws
26. Insolvency conflict of laws: introduction and jurisdiction
27. Recognition of foreign insolvency stays and representatives
28. Applicable law of insolvency issues
29. EU Insolvency Regulation
30. UNCITRAL Model Law on Cross-Border Insolvency and implementation;