International dispute resolution for financial services lawyers

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This Overview guides practitioners to core materials on cross‑border dispute resolution in financial services, with links to legislation, case law and procedural guidance. The international nature of banking, securities and derivatives markets means disputes frequently straddle multiple jurisdictions, raising complex issues of forum, governing law and enforcement, often alongside regulatory investigations.

Key questions include litigating jurisdiction and choice‑of‑law clauses, selecting court or arbitration, and managing concurrent proceedings. For litigation, practitioners must navigate the post‑Brexit regime: common law rules on jurisdiction and service, the Hague Choice of Court Convention 2005 for exclusive jurisdiction agreements, and CPR on service out and interim remedies. Rome I and Rome II continue to govern contractual and non‑contractual choice of law in the UK. Recognition and enforcement require analysis of the route, including common law, the Hague Convention where engaged, and the New York Convention 1958 for arbitral awards under the Arbitration Act 1996.

Practical considerations include anti‑suit and anti‑enforcement relief, freezing and proprietary injunctions, taking evidence and serving process abroad, disclosure and privilege in cross‑border contexts, confidentiality in arbitration, and the impact of sanctions and public policy. Sector‑specific...

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