header-logo header-logo

New targets for litigation?

26 March 2009 / Steven Friel , Michael Williams
Issue: 7362 / Categories: Opinion , Banking , Commercial
printer mail-detail

Steven Friel & Michael Williams predict an upsurge in derivatives litigation in the English courts

Notwithstanding the current financial crisis, the international derivatives market is worth an estimated $600trn, of which the majority are traded over-the-counter (OTC), ie traded bilaterally and privately rather than on an exchange. The largest market for OTC derivatives is the City of London. Given the magnitude of the derivatives market and the significant credit exposure arising under derivative contracts, it is perhaps surprising how few cases involving derivatives disputes have come before the English courts. There may be a number of reasons for the relative paucity of derivatives litigation.

ISDA standard forms
The International Swaps and Derivatives Association (ISDA) was set up to provide uniform standards in derivatives documentation and aims to reduce risk in the derivatives industry. The growth in OTC transactions has fuelled a growing demand for ISDA standard-form contracts which have dominated the legal rules in the derivatives market. The ISDA Master Agreement is the most widely accepted standard form of documentation in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll