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Credit Rating Agencies' Liabilities: A Comparative and Functional Study

Edited by: Patrick C. Leyens

ISBN13: 9789004733282
To be Published: October 2026
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £270.00





Credit ratings provide assessments of the creditworthiness of an issuer or a financial instrument. As a benchmark for the regulatory minimum capital requirements of banks they take a gatekeeper role in corporate finance. The global financial crisis of 2008 revealed severe failures and lead to a significant tightening of regulation and oversight. The present volume on credit rating agencies' liabilities is the product of a cross-country study conducted under the auspices of the International Academy of Comparative Law. It examines the law and policy of 18 jurisdictions, including the EU. The volume is an indispensable guide to credit rating agencies' liabilities for legal practice, regulation and academia.

Subjects:
Banking and Finance
Contents:
Preface
Notes on Contributors

Part 1 General Report
General Report: Liability of Credit Rating Agencies
Author: Patrick C. Leyens

Part 2 Fundamental Questions
Liability of Credit Rating Agencies under EU Law (Art 35a CRAR (EC) 1060/2009)
Author: Gerhard Wagner
Cross-Border Disputes Concerning Credit Ratings: Competent Courts of Jurisdiction and Applicable Law
Author: Frederick Rielaender
Danger on the (ESG) Tracks: Credit Rating Agencies and the Issue of Liability in an ESG World
Author: Daniel Cash

Part 3 Country Reports
Australia: Navigating the Shoals of Licensing and Liability of Credit Rating Agencies
Author: Pamela Hanrahan
Austria: a Civil Law Perspective on Credit Rating Agencies’ (Possible) Professional Liabilities
Authors: Susanne Kalss, Florian Ebner, and Jakob Jaritz
Brazil: the (Possible) Use of Civil Liability Principles in Contracts and Torts Involving Credit Rating Agencies
Author: Rodrigo Fialho Borges
China: Emerging Professional Liabilities of Credit Rating Agencies
Authors: Flora Huang and Junhai Liu
France: Pioneering French Legislation and Continuing Awareness of Civil Liabilities of Credit Rating Agencies under EU Law
Author: Bénédicte François
Germany: Professional Liabilities of Credit Rating Agencies between Contracts and Torts
Author: Frederick Rielaender
India: Regulation and Public Enforcement of Credit Rating Agencies’ Duties
Author: Umakanth Varottil
Israel: Scattered Case Law and the Risk of Under-deterrence of Credit Rating Agencies
Author: Roy Shapira
Italy: the Lack of Credit Rating Agencies’ Liabilities and the Need of a Different Perspective
Authors: Antonello Miranda and Sara Rigazio
Japan: Regulation of Credit Rating Agencies
Author: Toshiaki Yamanaka
Netherlands: Liability of Credit Rating Agencies – a Terra Incognita of Sorts
Author: Titiaan A. Keijzer
Portugal: the Lack of Credit Rating Agencies’ Liabilities and the Need for Reforms on EU Level
Author: José Ferreira Gomes
Singapore: Basic Regulatory Framework and Common Law Standards of Credit Rating Agencies’ Professional Liabilities
Author: Christian A. Witting
Spain: Shortcomings of Credit Rating Agencies’ Liabilities under Civil Law and Perspectives for EU Law
Author: Carlos Gómez Ligüerre
Türkiye: Credit Rating Agencies and the Search for Third-Party Liability under Financial Regulation
Author: Tuba Akçura Karaman
United Kingdom: Shaping Credit Rating Agencies’ Liability under Assimilated EU Law and the Common Law
Author: Eilís Ferran
United States of America: Sustaining Credit Rating Agency Accountability
Author: Jeffrey Manns

Appendix: Questionnaire
Index