1st Edition

Routledge Handbook of Financial Technology and Law

Edited By Iris Chiu, Gudula Deipenbrock Copyright 2021
    496 Pages 2 B/W Illustrations
    by Routledge

    496 Pages 2 B/W Illustrations
    by Routledge

    Financial technology is rapidly changing and shaping financial services and markets. These changes are considered making the future of finance a digital one.This Handbook analyses developments in the financial services, products and markets that are being reshaped by technologically driven changes with a view to their policy, regulatory, supervisory and other legal implications. The Handbook aims to illustrate the crucial role the law has to play in tackling the revolutionary developments in the financial sector by offering a framework of legally enforceable principles and values in which such innovations might take place without threatening the acquis of financial markets law and more generally the rule of law and basic human rights.

    With contributions from international leading experts, topics will include: 

    • Policy, High-level Principles, Trends and Perspectives
    • Fintech and Lending
    • Fintech and Payment Services
    • Fintech, Investment and Insurance Services
    • Fintech, Financial Inclusion and Sustainable Finance
    • Cryptocurrencies and Cryptoassets
    • Markets and Trading
    • Regtech and Suptech

    This Handbook will be of great relevance for practitioners and students alike, and a first reference point for academics researching in the fields of banking and financial markets law.

     

    Part I Policy, High-level Principles, Trends and Perspectives

    1. Artificial Intelligence and Machine Learning in the Financial Sector – Legal-Methodological Challenges of Steering towards a Regulatory ‘Whitebox’
    Gudula Deipenbrock

    2. Smart Contracts and Civil Law Challenges: Does Legal Origins Theory Apply?
    Florian Möslein

    3. Fintech and the Limits of Financial Regulation: A Systemic Perspective
    Saule T Omarova

    4. A Regulatory Roadmap for Financial Innovation
    Cristie Ford

    5. FinTech and The Law & Economics of Disintermediation
    Fatjon Kaja, Edoardo D Martino, Alessio M Pacces

    6. Financial Technologies and Systemic Risk – Some General Economic Observations
    Anja Eickstädt, Andreas Horsch

    Part II Fintech and Lending

    7. Fintech Credit Firms: Prospects and Uncertainties
    Francesco De Pascalis

    8. Fintech Credit and Consumer Financial Protection
    Nikita Aggarwal

    Part III Fintech and Payment Services

    9. EU Payment Services Regulation and International Developments
    Alan Brener

    10. Current and Future Liability Concepts in European Financial Market Regulation
    Marte Eidsand Kjørven

    Part IV Fintech, Investment and Insurance Services

    11. Robo Advice: Legal and Regulatory Challenges
    Wolf-Georg Ringe, Christopher Ruof

    12. Insurance and the Legal Challenges of Automated Decisions - an EU Perspective
    Paola Manes

    13. Exchange-traded funds (ETFs) and FinTech: Market Efficiency and Systemic Risk
    Jay Cullen

    Part V Fintech, Financial Inclusion and Sustainable Finance

    14. FinTech, Financial Inclusion and the UN Sustainable Development Goals
    Ross P Buckley, Dirk A Zetzsche, Douglas W Arner, Robin Veidt

    15. Digital Transformation and Financial Inclusion
    Kern Alexander, Xenia Karametaxas

    16. Disintermediation in Fund-raising: Marketplace Investing Platforms and EU Financial Regulation
    Eugenia Macchiavello

    Part VI Cryptocurrencies and Cryptoassets

    17. Cryptoassets in Private Law
    Jason Grant Allen

    18. Cryptocurrencies: Development and Perspectives
    Michael Anderson Schillig

    19. Distributed Ledger Technology and Sovereign Financing
    Astrid Iversen

    20. Law and Regulation for a Crypto-Market: Perpetuation or Innovation?
    Joseph Lee

    Part VII Markets and Trading

    21. High-Frequency Trading: Regulatory and Supervisory Challenges in the Pursuit of Orderly Markets
    Trude Myklebust 

    22. ‘Trustless’ Distributed Ledgers and Custodial Services
    Matteo Solinas

    Part VIII Regtech and Suptech

    23. "Computer Says No": Benefits and Challenges of RegTech
    Veerle Colaert

    24. Fintech, Regtech and Suptech: Institutional Challenges to the Supervisory Architecture of the Financial Markets Paola Chirulli

    Biography

    Iris H-Y Chiu is a professor of Corporate Law and Financial Regulation at University College London (UCL) and Director of the UCL Centre of Ethics and Law, United Kingdom (UK). She is a research fellow of the European Corporate Governance Institute, and most recently, a senior scholar at the European Central Bank’s Legal Research Programme.

    Gudula Deipenbrock is a professor of Business Law at Hochschule für Technik und Wirtschaft (HTW) Berlin, University of Applied Sciences, Germany, and Associate Research Fellow 2020/2021 at Institute of Advanced Legal Studies (IALS), University of London, United Kingdom (UK).