Subjects:

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

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