Regularly instructed by leading international investment banks, Linklaters has a distinguished record of appearing on complex, high value derivatives disputes before the courts and arbitrators.
Clients seek the expertise of the firm’s litigators in resolving derivatives disputes across product areas, from options, futures and interest rate swaps to synthetic collateralised debt obligations.
The litigation team works closely with the firm’s market-leading derivatives and structured products practices. Together, they guide clients through the most complex disputes, including those involving credit-linked notes, fund-linked notes, portfolio credit default swaps, synthetic notes, repurchase and stock-lending agreements and self-referenced instruments.
Linklaters’ litigators have experience of dealing with global regulators and insolvency practitioners. The firm advises on excessive mark-ups, unsuitability and mismanagement claims, contract settlements following issuer defaults and jurisdictional disputes over derivative products.
Recent derivatives disputes cases includes advising
- a major investment bank against a claim brought by a San Marino bank in the English commercial court regarding the sale of a number of credit-linked notes, including CDO-squared transactions, as part of a €700m financing package
- a number of financial institutions in relation to SFC regulatory investigations (and LegCo hearings) relating to the sale of Lehman minibonds
- CBC Bank on a banking dispute with regard to the liability of the bank which was invoked for alleged mis-selling of investment products
- a French bank in a Cayman action over a hedge fund-linked principal protected product
- an international investment bank in the many proceedings triggered by the actions of the Italian Administrator of Parmalat in relation to a structured finance transaction executed with Parmalat Finance Corporation BV in June 200
