Cally Jordan, born in Ottawa, Canada, in 1949. D.E.A. from Université de Paris I (Panthéon-Sorbonne), Professor of Law at the University of Melbourne.
NIAS – P.R.I.M.E. Finance Fellow (1 April 2013 – 30 June 2013)
DISPUTE RESOLUTION IN THE FINANCIAL SECTOR: THE INTERPRETATION AND OPERATION OF ARBITRATION CLAUSES IN FINANCIAL AGREEMENTS
An unexpected consequences of the global financial crisis was the unearthing of a major, longstanding financial fraud, one of the biggest scandals in Wall Street history, the Madoff affair. Through various “feeder funds”, individual as well as institutional investors were steered into the fraudulent scheme. The resulting disputes triggered arbitration clauses in standard form contracts and the difficulties associated with these specific clauses highlighted their deficiencies, deficiencies bolstered by US Supreme Court decisions, and the need for specialised expertise to draft the arbitration clause and look at the complicated legal issues that arise in case of a dispute.
This project will look at the use of arbitration clauses in financial contracts, in particular with respect to investors and intermediaries, from a comparative perspective. It will distinguish between their use among professionals and as between retail investors and professionals, comparing the United States, the UK and selected continental European jurisdictions.
Selected Publications
The Wider Context: The Future of Capital Market Regulation in Developed Markets, in Law in Transition, EBRD, London, UK (May 2012)
The Dangerous Illusion of International Financial Standards and the Legacy of the Financial Stability Forum, 12 San Diego Int’l L. J. 333 (2011)
The Chameleon Effect: Beyond the Bonding Hypothesis for Cross-Listed Securities, 3 NYU J. of Law & Business 37 (2006)