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NIAS - P.R.I.M.E. Fellow (1 March 2014 - 30 June 2014)
Can PRIME Finance, with a panel composed of both finance experts and dispute resolution experts, serve a useful role in managing and mitigating legal risk arising from complex financial instruments, and if so, what additional steps should be taken to improve its effectiveness?
Research to be undertaken will include review and analysis of disputes that have arisen involving financial derivatives, including disputes in insolvency situations. This research will primarily involve an examination of case law (published decisions of national courts), although to the extent available, will also include research into disputes that have been resolved or settled without resort to the judiciary. Since most derivatives contracts use standard documentation developed over the last 25 years by the International Swap and Derivatives Association (ISDA), the investigation will also include meetings and interviews with ISDA industry members as well as international law firms and consultancies that have developed an expertise in these matters. It is expected that research will also extend to national and international banking regulators (US, UK, EU, Basel, IMF) to ascertain their views, from both published materials and from interviews, on the legal risks involved with derivatives.
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