Are the current practices of dispute resolution in financial transactions keeping pace with the future of financial markets?

Lead Research Organisation: King's College London
Department Name: Dickson Poon School of Law Departments

Abstract

The proposed research seeks to identify the deficiencies of
existing dispute resolution mechanisms in financial
disputes, as well as the necessary elements of a potential
international treaty that could maintain a reliable conflict
resolution system capable of sustainably supporting future
growth within global financial markets. The integrity of
dispute resolution is paramount due to the potential
ramifications of inaccurate judicial decisions concerning the
understanding of widely used model contracts in financial
transactions. This could create a cascade effect throughout
other deals influenced by the same model contracts, with
potentially destabilising implications for the financial
market. The ubiquity of these standard form agreements
coupled with recent technological advances and the
intricate nature of financial products necessitate a thorough
evaluation into current dispute resolution practices. To this
end, the proposed research will evaluate how New York and
English courts have contributed to international financial
law while highlighting their respective limitations in today's
world. Additionally, alternative dispute resolution systems
will be explored which may potentially address these needs
more effectively. Furthermore, a comprehensive cross sector comparison will be conducted across multiple
sectors that comprise this landscape, allowing for a better
understanding of what market expectations are for
dependable dispute resolution mechanisms.

Publications

10 25 50

Studentship Projects

Project Reference Relationship Related To Start End Student Name
ES/P000703/1 01/10/2017 30/09/2027
2886800 Studentship ES/P000703/1 01/10/2023 30/09/2026 Ali Dehdashti