Grey Areas in Eurocurrency Deposits and Placements: The Need for an International Legal Regime

Hardcover (Print)
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Product Details

  • ISBN-13: 9781855215375
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 8/1/1994
  • Pages: 416

Table of Contents

List of Figures
Foreword
Acknowledgements
Ch. 1 The Nature and Origins of the Eurocurrency Market
A The capital, money, and foreign exchange markets 2
B The eurocurrency market 4
Ch. 2 The Mechanics of Eurocurrency Deposits and Interbank Placement Operations
Ch. 3 The Common Law Rules on the Operation of Bank Deposits
A The theoretical basis of the common law rules 80
Ch. 4 The Application of the Common Law Rules to Eurocurrency and Offshore Currency Deposits
A The grey areas: repayment, conflicts of jurisdiction and the proper law 120
B The grey area concerning home office liability 141
Ch. 5 The Limitations of the Common Law Rules and The Need For an International Legal Regime
Ch. 6 Redefining the Concept and Nature of Payment
A Determining the nature of payment 183
B Determining the time of payment in credit transfers 193
C Determining finality of payment 205
Ch. 7 Redefining the Law to Govern Eurocurrency Deposit Contracts
A Modern approaches to choice of law 218
B The law governing the eurocurrency deposit contract 227
Ch. 8 Extraterritoriality and Conflicts of Jurisdiction in the Operation of Offshore Currency Deposits
A Situations involving conflicts of jurisdiction 270
B The concept of international jurisdiction 271
C Resolving conflicts of jurisdiction in the offshore currency market 282
Ch. 9 National Intervention, Risk Allocation and Home Office Liability for Offshore Branch Deposits
A Home office liability and the repayment of eurocurrency deposits 321
B The nature of the problem 323
C The typology of responses to national intervention 324
Conclusion: Towards the Creation of an International Legal Regime 342
Appendix 1. Royal Bank of Canada (London) Standing Order 8.05 Deal Confirmations 365
Appendix 2. Sample Wholesale Deposit Confirmation Documentation 373
Appendix 3. Sample Documentation for Time/Fixed Term Deposits 379
Appendix 4. Sample Account Opening Documentation 385
Appendix 5. Sample Statement for a Call Deposit or Account 395
Bibliography 399
Index 413
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