Regulation and Case Law Relating to Financial Derivatives

Abstract

The widespread use of derivatives has created considerable new risks, especially of a systemic nature. To reduce risks regulators hare mandating the use of central counter-parties, of trade repositories and of regulated trading facilities. The paper gives a short overview of pending European proposals. It also deals with the court decisions that have been rendered in relating to derivatives, or structured products in several European jurisdictions, especially opposing local authorities and private investors to banks.

Keywords: derivatives, organised trading facilities, central counterparties, derivative litigation

JEL Classification: K22