Financial services disputes: ISDA raises the profile of arbitration

On 9 September 2013, the International Swaps and Derivatives Association (ISDA) published guidance on arbitration in the context of disputes arising under its documentation and a set of model arbitration clauses. This step reflects growing interest in arbitration in the financial services sector.

This briefing considers the potential for increased use of arbitration in cross-border financial services disputes, the reasons driving change and the implications for key stakeholders within the financial services sector.

Financial institutions have historically favoured litigation over arbitration for resolving disputes connected with complex financial transactions/products…

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