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

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Flint Bishop—Charlotte Harris

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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