15 Regulatory Law Indicators and Risks

Subject(s):

Contract — Rome I Regulation and choice of law — All risks

This chapter reviews the main fields of regulation and describe the essentials of financial regulation and the managing of regulatory risk. It reviews key indicators of financial regulation, such as enforcement, protectionism, investor protection, and degree of freedom. Regulation differs from the ordinary law in that the law is administered by a governmental regulator, the law is criminalised although often described as administrative, and the rules are unusually detailed, prescriptive, and often extraterritorial. This chapter explains that the risks of financial regulation cannot be significantly controlled by a free choice of governing law or courts and that regulation often applies by reason of some fine-trigger contact with the regulating jurisdiction.