International Banking & Finance Law 

This course is intended to acquaint students with the legal challenges (mainly from a choice-of-law perspective) relating to the international dimension of banking & financial law to help them understand the difficulties that flow from the international character of financial market transactions and banking activities. The course is divided in two sub courses : International Finance Law and International Banking Law.

Vanessa Marquette teaches the course of International Finance Law focusing on international and European law sources, including the Rome I Regulation, the Insolvency Regulation, the Collateral Directive, the Prospectus Directive, the Take Over Bids Directive, and the UNIDROIT Convention on International Factoring.  The course is an interactive seminar in which students exchange their views and experience, analyse case law and contract clauses and draft legal documents such as legal opinions. The course aims to provide students with tools to form solid legal reasoning in a highly regulated environment and with insight into the practice of International Financial Law. Although its content may vary according to the legal developments, the course is structured around two main topics :

Corporate finance 

  • introduction to financial markets landscape and regulation
  • prospectus
  • market abuse and insider dealing
  • choice of law issues in an international take over bid
  • choice of court issues in an ISDA Master Agreement
  • international factoring, …

Insolvency and risk mitigation (collaterals)

  • validity and enforceability of all type of collaterals in a cross-border environment (pledges on assets, pledges on shares, pledge on receivables, mortgages, set-off, close-out-netting, etc.)
  • insolvency and international finance
  • impact of an insolvency on collaterals