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ARTICLE · 19 OCTOBER 2018

Financial Dispute Resolution In A Post-Brexit World

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English law has traditionally been the go-to choice of governing law for financial institutions and enjoys the predominant place for a number of financial transaction types and master agreement documentation suites.

European UnionLitigation, Mediation & Arbitration

TIME TO PUT THE BALL INTO DIFFERENT COURTS?

The Status Quo:  English Law, Language and Courts Dominate Financial Transactions

English law has traditionally been the go-to choice of governing law for financial institutions and enjoys the predominant place for a number of financial transaction types and master agreement documentation suites.  Even where documentation suites have a New York law governed option, such as the International Swaps and Derivatives Association (ISDA), English law is the preferred choice for transactions with a European element.  The English language has long been the lingua franca of these transactions.

English courts are often the preferred venue for resolving both international and domestic financial sector disputes.  They are heralded for their expertise, transparency, and certainty.  To put it simply, English courts work. 

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