Derivatives Documentation, Termination and Valuation—Lessons Learned from 25 years of Market Experience

衍生性金融商品的契約,交易終止和評價

[主講人]: Mr. Rick Grove (Chief Executive Officer of Rutter Associates LLC)

[時間]: 2016/10/19(三)12:20~13:20

[地點]: 臺大法律學院 霖澤館7樓第一會議室

[演講大綱]:

● History of OTC Derivatives and the reasons for the growth of the market in the past 30 years

● Derivatives documentation problems and errors

● Issues arising from the early termination of derivatives transactions

● Valuation issues in derivatives disputes and terminations

● Ways to prevent, or at least mitigate, the expense of derivatives litigation

[報名網址]: http://goo.gl/WBZPsj

*全程英文演講

*備簡餐，抵演講時數1小時

敬請踴躍參加

美國哥倫比亞大學法學院中國法律研究中心主任Benjamin L. Liebman於7/20午間受邀至本院演講，主題為「Methodological Challenges in Studying Chinese Law — An Informal Conversation」， Liebman教授從自身從事中國司法研究的經驗談起，推及美國從事中國司法研究的歷史脈絡與當代所面臨的方法論挑戰。本次講座由院長詹森林教授主持，曾宛如教授、邵慶平教授參與與談，共同分享台灣、中國司法研究之現況。

Liebman教授指出，整體而言，美國學界的中國司法研究以經驗研究為主，相當倚賴中國法院的裁判資料。雖然早在1980年代已有部分美國學者至中國從事司法研究，但由於當時中國法院裁判資料公開透明度不高、網路資訊系統尚未建制完全，研究者往往必須與法院職員或當事人建立關係，才可能取得珍貴、少見的研究材料；也因為此背景，過去研究以依賴深入訪談的質性研究為多。

反觀2010年代以降，由於中國官方和民間所建制、收錄數量龐大法院裁判資料的網路資料庫出現，許多美國學者開始投入中國法院裁判之量化研究。惟Liebman教授亦指出：海量裁判資料之公共化，亦導致當代中國司法研究學者更難以辨識、覺察特定可能被隱藏於公開資料庫底下之重要裁判資料，此即為當代從事中國司法研究的嶄新挑戰。

Prior to his academic career, Dr. Hsiao-Ming Wang served as a law enforcement officer in the field for more than 15 years in Taiwan. His final position was the Assistant Special Agent in Charge of the Yun-Lin Field Station. Dr. Wang's solidly practical experiences inevitably shape his research focusing on comparative criminal justice systems, policing, and security management.

Dr. Wang has received UHD Faculty Award in 2015 and been recognized by the UHD Provost Office in 2012 for his excellent service in Bayou Connection, an international program to promote and facilitate academic cooperation between UHD and its counterparts in Taiwan. He also received a grant from the Harris County Sheriff's Office for the project entitled "HCSO Contract Deputy Program Community Survey" in the amount of $35,000 in 2014.

Mr. Lin has extensive experience in international human rights and transitional justice spanning over 25 countries. At the IRCT, he leads its global programme on the forensic investigation and documentation of torture. Prior to the IRCT, Mr. Lin was Head of the Asia Desk for Southeast Asia of the International Federation for Human Rights (FIDH) and directed its advocacy in the region. Mr. Lin has also served as Country Director for the American Bar Association Rule of Law Initiative’s offices and programs in Nepal and Thailand. There, he worked together with government and civil society stakeholders to address the conflict and post conflict situation. In addition, Mr. Lin has held several legal posts in Bosnia-Herzegovina with the Organization for Security and Co-operation in Europe and collaborated closely with the International Criminal Tribunal for the former Yugoslavia. He has authored dozens of public reports on international crimes and justice. He has a Juris Doctorate and a Bachelor of Anthropology and is admitted to practice law in the U.S.

Prof. Mota holds a LLM in Harvard University and a MSc in the University of Edinburgh. He is now a full University Professor of International Law of the Universitat de València as well as the director of the Master’s degree in Law, Business and Justice of the UV. He also served as President of the Spanish Association of Professors of International Law and International Relations since 2013.

Prof. Dr. Hans-Bernd Schäfer is a German economist and a pioneer in the field of law and economics in Germany and Europe. He is professor emeritus at the University of Hamburg and former director of the Institute of Law & Economics. Currently he is an affiliate professor at Bucerius Law School in Hamburg, Germany. He has been visiting professor at various universities abroad, including the University of Toronto Faculty of Law, Tel Aviv University faculty of law, George Mason University School of Law (distinguished visiting professor from 2002–2009), and the Indira Gandhi Institute of Development Research. He was a visiting scholar at the University of California, Berkeley, School of Law. He served as President of the European Association of Law & Economics from 2004–2007 and was Director of the European Master Programme in Law & Economics from 2004–2008. In 2012 the faculty of law of the Universidad de San Martín de Porres in Lima awarded him the title of an honorary professor, whilst in 2013 he was awarded the scholar prize of the European Association of Law and Economics.