Information Disclosure, Risk Trading and the Nature of Derivative Instruments: From Common Law Perspective

• Main Author: CHEN, Christopher Chao-hung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2009
• Subjects: derivatives; duty of disclosure; information; insider dealing; utmost good faith; Banking and Finance Law; Commercial Law; Comparative and Foreign Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/914; https://ink.library.smu.edu.sg/context/sol_research/article/1913/viewcontent/01_Article_Chao_Hung_Christophe_Chen.pdf
• Institution: Singapore Management University

This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivat...