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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
back-to-top-scroll