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In India, foreign exchange derivatives are intensively talked about in legal circles as there numerous examples of alleged mis-selling of derivatives by aggressive banks to unwary users, mostly in 2007 and 2008 period. Clearly, avarice overtook rationality, and users bit the bait of derivatives which were least suited to their requirements. The queer thing is that in India, as in several other countries, derivatives are permitted only for the purpose of hedging. However, derivatives users exploited a vague line in the RBI derivatives' regulations about "cost reduction structures" and structured derivatives where the user becomes a protection seller rather than a protection buyer.
Vinod Kothari appeared as an expert witness in arbitration proceedings between a major bank and a leading company.
- RBI takes measures to make derivatives more “suitable” and more “appropriate”, by Bijoyeta Chakrabarty, 6th August 2011
- Article explaining foreign exchange derivatives -written from students' viewpoint.
- - Vinod Kothari's article on law of Forex derivatives in India - the article is a scathing criticism of RBI's role as a regulator.
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