Resolving derivatives disputes—key cases
Resolving derivatives disputes—key cases

The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:

  • Resolving derivatives disputes—key cases
  • Derivatives cases relating to capacity to enter into transactions
  • Derivatives cases relating to classification of swaps
  • Derivatives cases relating to wagering or gaming
  • Derivatives cases relating to constructing ISDA master agreements
  • Derivatives cases relating to payments and close-out amounts
  • Derivatives cases relating to disputes on jurisdiction
  • Derivatives cases relating to the mis-selling of derivatives or LIBOR manipulation
  • Derivatives cases relating to tax issues
  • Derivatives cases relating to regulatory issues

This Practice Note sets out certain key cases and associated analysis relevant to derivatives practitioners. The cases are divided by topic area and include:

  1. Derivatives cases relating to capacity to enter into transactions

  2. Derivatives cases relating to classification of swaps

  3. Derivatives cases relating to wagering or gaming

  4. Derivatives cases relating to constructing ISDA master agreements

  5. Derivatives cases relating to payments and close-out amounts

  6. Derivatives cases relating to disputes on jurisdiction

  7. Derivatives cases relating to the mis-selling of derivatives or LIBOR manipulation

  8. Derivatives cases relating to tax issues, and

  9. Derivatives cases relating to regulatory issues

Derivatives cases relating to capacity to enter into transactions

Names of parties Judgment date Case summary Relevant analysis and articles
Banco Santander Totta SA v Companhia Carris de Ferro de Lisboa SA [2016] EWCA Civ 1267
Banco Santander Totta SA v Companhia Carris de Ferro de Lisboa SA [2016] EWHC 465 (Comm), [2016] All ER (D) 61 (Mar)
13 December 2016
4 March 2016
The Court of Appeal dismissed the first appeal from the Financial List. In this case, the Court considered that while the law of another country might