header-logo header-logo

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

New targets for litigation?

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll