Arbitration in Banking and Finance Deconstructed: The New Deal
Based on newly-released empirical findings, Professor Affaki will explore in his lecture the reality of arbitration in banking and financial matters. He will make the case for a differentiated approach according to the particular banking sector where arbitration is contemplated, including derivatives, project finance, advisory banking, sovereign lending, and Islamic finance. He will analyse the prospects offered by the opening of investment arbitration to financial instruments and to banking claims, including in relation to confiscatory regulatory actions. He will critically review various arbitration initiatives dedicated to banking disputes, and offer recommendations that take into account the reality of banking and finance in the wake of the Global Financial Crisis and the risk approach in international banks towards commercial and investment arbitration.
A debate will follow.