Regulation and Case Law Relating to Financial Derivatives

University of Ghent Financial Law Institute Working Paper No. 2012-03

20 Pages Posted: 22 Jan 2012  

Eddy Wymeersch

Ghent University - Financial Law Institute; ECGI

Date Written: January 20, 2012

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

Suggested Citation

Wymeersch, Eddy, Regulation and Case Law Relating to Financial Derivatives (January 20, 2012). University of Ghent Financial Law Institute Working Paper No. 2012-03. Available at SSRN: https://ssrn.com/abstract=1988925 or http://dx.doi.org/10.2139/ssrn.1988925

Eddy O. Wymeersch (Contact Author)

Ghent University - Financial Law Institute ( email )

Universiteitstraat 4
Gent, B-9000
Belgium
+32 9 264 68 27 (Phone)
+32 9 264 68 55 (Fax)

HOME PAGE: http://www.law.ugent.be/fli

ECGI ( email )

c/o ECARES ULB CP 114
B-1050 Brussels
Belgium

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