The global financial crisis of 2008-2009 resulted in a flood of litigation concerning financial collateral much of it connected with the collapse of Lehman Brothers International (Europe) as well as attempts to reform the law and regulatory practice to avoid institutions seeking state support in the future as being ‘too big to fail’.Financial collateral has become a crucial tool to enable market participants and central counter parties to manage credit risk. Its use will grow further as the European Markets Infrastructure Regulation (‘EMIR’) is implemented. Both centrally cleared and non-centrally cleared transactions will need to be supported by collateral. The law of financial collateral, particularly in cross-border transactions, is relatively new deriving in Europe from the European Financial Collateral Directive (‘FCD’) implemented in the UK by the Financial Collateral Arrangements (No 2) Regulations 2003 (‘FCARs’). Geoffrey Yeowart and Robin Parsons explain some of the questions arising. (source Elgar blog).
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