Supplementary Materials to Financial Institutions and International Arbitration – ICC Arbitration and ADR Commission Report

This publication is the Supplementary Materials to the ICC Commission on Arbitration and ADR Report on Financial Institutions and International Arbitration issued by the ICC Task Force on Financial Institution and International Arbitration.

The ICC Task Force on Financial Institutions and International Arbitration issued a Report. While the Report summarises the views and practices of more than 50 financial institutions worldwide as well as the recommendations of the ICC Task Force, the Supplementary Materials further share the in-depth studies of the Task Force workstreams on the different segments of the finance and banking sector and include an extensive bibliography.

 

Contents:

Derivatives 
Introduction
Overview of derivatives markets and products
Typical disputes arising out of derivatives transactions
The current state of derivatives arbitration: law and practice
Opportunities and challenges in derivatives arbitration
Sovereign finance
Introduction
Summary of questionnaire issued to financial institutions
Use of international arbitration in sovereign finance
Pros and cons of using international arbitration
Investment arbitration
Overview
Use of IIAs to challenge alleged state appropriation of, or severe interference with, financial institutions
Review of IIA jurisprudence and literature and the scope of “investment”
Investment arbitration and the regulation of financial institutions
Suitability of investor-state dispute resolution for disputes between financial institutions

Regulatory matters
Introduction
Overview of empirical findings
Arbitrability of regulatory matters in key jurisdictions
Investment arbitration and the regulation of financial institutions
Specialised arbitration mechanisms for claims arising in connection with regulatory matters
Conclusion

International financing
Introduction
Current attitudes towards, and use of, arbitration in international financing transactions
Specific empirical findings

International financial institutions, development finance institutions, export credit agencies 
Introduction
General approach to arbitration
Specific preferences with regard to arbitral proceedings
Experience with arbitration proceedings and enforcement of awards
Potential improvements in international arbitration

Asset management
Introduction
Overview of findings from the interviews
Considerations with regard to the use of arbitration in asset management disputes
Conclusions

Bibliography 

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