Norton Rose Fulbright has today published the latest edition of the Banking and finance disputes review, the journal which analyses developments in dispute resolution relevant to financial institutions.
This edition focuses on risk. Novel regulatory and legislative developments and judicial decisions in England and Europe expose new risks.
Meanwhile, financial institutions increasingly take a proactive approach to reducing their risks, whether by minimising exposure to adverse regulatory environments or by adopting drafting that takes advantage of contractual estoppel and similar devices.
The regulation and investigations section features articles on risk mitigation for banks in The risks of de-risking: conflicting pressures on financial institutions and new developments in two different areas of regulation in Competition concurrency: what does it mean for financial institutions and their senior management? and Financial crime and corporate criminal liability: what next? A strict approach to a bank’s anti-money laundering obligations is seen in the casenote on Credit Agricole v Papadimitriou [2015] UKPC 13.
The Banking and finance disputes review is available here.