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We look at jurisdiction, governing law, service of proceedings, enforcement of judgments and the legacy of the supremacy of EU law.
Submitted: 06 July 2018
Firms and Senior Managers should expect enforcement activity to follow if they fail to meet expectations.
Submitted: 30 April 2018
This article examines some key considerations for market participants.
Submitted: 09 March 2018
ISDA has published a new Choice of Court and Governing Law Guide following a consultation with its members last year.
Submitted: 05 March 2018
A bank acting as security lending agent was under a duty to communicate a fair view of the risk of default and loss arising from an investment it had made on its client's behalf.
Submitted: 01 March 2018
No cross-undertaking in damages necessary for FSA acting in pursuance of its public duty.
Submitted: 27 February 2018
Subsequent communications between the parties can be taken into account when assessing whether a contract has been formed between them at a given time.
Whilst an ombudsman has to consider relevant law when reaching a decision, the law does not have to be strictly applied if in his view a conclusion contrary to the law would be fair and reasonable in all the circumstances and can be clearly articulated.
Internal investigations: The shrinking scope of legal professional privilege.
Court clarifies that FOS does not have jurisdiction to consider a firm’s complaints handling procedure but can only consider complaints that are about “the provision of or failure to provide a financial service or a redress determination”.
Mandatory requirements of local law are unlikely to apply to derivative contracts agreed on the basis of ISDA documentation, which is inherently of an international nature.
Podcast 634: How should businesses prepare for GDPR? Individuals’ rights
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