CMLJ Express |
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| Abstract: | |
A transactional approach to the Hague Securities Convention (see p. 109)
| Carl S. Bjerre and Sandra M. Rocks Transactions involving intermediated securities—i.e. securitiesthat are held in an account with a broker, bank, clearing agencyor other intermediary—demand a high degree of ex antelegal certainty. However, for intermediated securities accountsand transactions that reach across borders as is increasinglyprevalent, the traditional conflicts of law rules for many ofthe most important commercial law issues fail to provide thiscertainty. The Hague Securities Convention provides a modernand practical approach for determining the applicable law.
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