In this edition of the Banking and Finance disputes review, we focus on the identification and mitigation of certain risks arising from disputes and regulatory enfor
June 09, 2015
The verb to “de-risk” was one of a flurry of new words entering the lexicon of the financial sector in the aftermath of the credit crisis, referring to the process o
May 27, 2015
Contractual estoppel is unquestionably now one of the most significant defensive tools in the armoury of banks and other financial institutions, particularly when fa
In the wake of the new concurrent competition powers of the Financial Conduct Authority (FCA) becoming effective on 1 April 2015, financial institutions and their se
A calculation statement under the ISDA Master Agreement that was served late was not a nullity.
Recent European case law has increased the litigation risks for participants in the international capital markets.
A mis-selling claim could not be netted against early termination amounts under an ISDA Master Agreement.
Disagreements over contractual interpretation are a significant source of litigation in relation to highly structured transactions.
Payments by an issuer to a bond trustee were held on trust for bondholders in accordance with the terms of an English law governed trust indenture, notwithstanding a
The Privy Council held that a bank had constructive notice of a third party’s proprietary rights where it had failed to make inquiries as to the commercial purpose o
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