Global | Publication | September 2018
Innovation in financial technology is set to transform the delivery of financial services. In this edition of the Banking and finance disputes review, we consider possible disputes that may arise out of new technology and the associated regulation and investigations.
In Blockchain disputes: an introduction, we give an overall picture of the rights and obligations that will be created when blockchain technology is used, the types of dispute that might arise and possible dispute resolution mechanisms. Then, Applying US financial regulatory statutes in cryptocurrency disputes addresses one important aspect of disputes in relation to the principal current use of blockchain technology.
Regulatory oversight and internal investigations are often a precursor to litigation. In Waiver of privilege in investigations, we look at recent caselaw that may apply whenever an internal investigation leads to litigation. Another trap for the unwary at the pre-litigation dispute stage is examined in Freedom of contract and oral variation: freedom to or freedom from?
For disputes involving financial institutions, we continue to look at recent and future developments. Valuation of financial assets: Discretion in a crisis and Enforcing security over property consider recent judgments dealing with actions taken following breach of contract that are ultimately the subject of litigation. Competing jurisdiction clauses: ISDA wins explains how the Court of Appeal has tried to resolve an important issue affecting the ISDA Master Agreement. Finally, we have our regular attempt at prediction, based on statistical analysis from the Court Intelligence Database, Banking litigation trends: An update.
To request access to “Banking and finance disputes review”, please register to join the NRF Institute.
Registration indicates acceptance of the terms and conditions which include important information about how our product will be delivered.
Members of NRF Institute can access a range of premium content including knowledge hubs and cross-border guides.
Publication
On 24 October 2024, the Court of Justice of the European Union (CJEU) confirmed that the European Commission’s (the EC) 2009 decision, which imposed a (then record) €1.06 billion fine on Intel, was flawed as far as it found that loyalty rebates granted by Intel had anti-competitive effects.
Publication
The Dutch tax classification system for non-Dutch entities will undergo significant changes as of 1 January 2025.
Publication
In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023