Financial Collateral Arrangements and Party Autonomy

TISCO Working Paper Series on Banking, Finance and Services, Working Paper No. 02/2010

24 Pages Posted: 11 May 2010

See all articles by Reinout M. Wibier

Reinout M. Wibier

Tilburg Law School; Tilburg University; European Banking Center

Date Written: May 11, 2010

Abstract

This paper deals with the extent to which parties to financial collateral arrangements enjoy the freedom to choose the various aspects of these arrangements. I will be tackling the question of whether the parties have the freedom to choose the applicable law but will also be going beyond this to examine the various other aspects of collateral arrangements. I will argue that, at least as a matter of Dutch law, this freedom extends very widely, perhaps more widely than most market participants realize. The central questions then that are posed in this paper will be, to what extent do parties have the freedom to shape their arrangements and to what extent do the provisions of mandatory law limit such freedom?

Keywords: Financial Collateral Agreements, Applicable Law, Party Autonomy, Dutch Law

Suggested Citation

Wibier, Reinout M., Financial Collateral Arrangements and Party Autonomy (May 11, 2010). TISCO Working Paper Series on Banking, Finance and Services, Working Paper No. 02/2010 . Available at SSRN: https://ssrn.com/abstract=1604573 or http://dx.doi.org/10.2139/ssrn.1604573

Reinout M. Wibier (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

European Banking Center ( email )

PO Box 90153
Tilburg, 5000 LE
Netherlands

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