Mastering the ISDA Master Agreements A Practical Guide for Negotiation 1st edition by Paul Harding ISBN 0273725726 9780273725725

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ISBN 10: 0273725726
ISBN 13:  9780273725725
Author: Paul Harding

Published by the International Swaps and Derivatives Association, the 1992 and 2002 ISDA® Master Agreements are the main contracts used in the over the counter global derivatives market. Mastering the ISDA Master Agreements provides a practical, clear and useful guide to help understand and negotiate these Master Agreements. This revised and updated edition is an essential handbook for anyone involved in negotiating agreements, from financial institutions through to fund managers, law firms, credit officers, regulators and business students. The new edition includes: Increased focus on the 2002 ISDA Master Agreement ScheduleExpanded sections on hedge fund and loan-linked SchedulesThe introduction of covered bondsThe effect of the credit crunch, the role of derivatives and how this has affected the market The ISDA Mater Agreements are complex documents and it can take up to two years to become proficient in negotiating and understanding their key elements. Mastering the ISDA Master Agreements provides a detailed overview of the legal, credit and operational issues inherent in the ISDA Master Agreements. The book includes: The evolution of ISDA documentation including general and product definitions and confirmations A clear and detailed commentary on the individual sections and provisions of the 1992 and 2002 ISDA Master AgreementsThe main legal issues surrounding the Agreement and OTC derivatives from UK and US legal perspectives Special Schedule terms including those for building societies, insurance companies, hedge funds and sovereign entitiesProvisions seen in US Schedules which often face non-US negotiatorsThe background to the credit crunch, the effect on the OTC derivatives market and some suggestions about possible changes to the marketAnnexes including reproductions of the ISDA Master Agreements and useful informationSimplified glossaries of terms used in the Agreements

Mastering the ISDA Master Agreements A Practical Guide for Negotiation 1st Table of contents:

1. Introduction
2. What are derivatives?
3. Differences between the OTC and exchange-traded derivatives market
4. Main products
5. Size of the global OTC derivatives market
6. How a deal is done from start to finish
7. The people involved
8. The documentation process
9. The evolution of the ISDA Master Agreement
10. How ISDA documentation has evolved
11. Inefficient documentation of trades in the market’s early days
12. The ISDA documentation architecture
13. The ISDA Master Agreement
14. The 1992 ISDA Master Agreement
15. Section by section analysis of the 1992 ISDA Master Agreement
16. Glossary of most terms in Section 14
17. The 2002 ISDA Master Agreement
18. Evolution of the 2002 ISDA Master Agreement
19. Section by section analysis of the 2002 ISDA Master Agreement
20. Glossary of most terms in Section 14
21. Analysis of the Schedule
22. What did not make it into the 2002 ISDA Master Agreement
23. Implementation of the 2002 ISDA Master Agreement
24. Legal issues relating to the ISDA Master Agreement from the European and US perspectives
25. European perspective by Simon J. Leifer
26. Gaming/wagering
27. Legal capacity
28. Credit derivatives
29. Authority
30. Suitability
31. Financial Services and Markets Act 2000
32. Enforceability of close-out netting and set-off
33. Cross-border netting on insolvency
34. Markets in Financial Instruments Directive (MiFID)
35. ISDA collective legal opinions
36. Automatic Early Termination
37. Credit Support
38. Third-party rights
39. US perspective by Christian A. Johnson
40. Enforcement of New York choice of law
41. US bankruptcy and banking insolvency law
42. Non-New York Head Office of a US counterparty
43. The Commodity Exchange Act (1974) and the Commodity Futures Modernization Act (2000
44. Gaming and bucket shop laws
45. Credit issues relating to the ISDA Master Agreement
46. Addition of Specified Entities
47. Specified Indebtedness
48. Downgrade from Cross Default to cross acceleration
49. Threshold Amount
50. Credit Event Upon Merger
51. Additional Termination Events
52. Set-Off
53. Transfers
54. Political risk
55. Other credit issues
56. Pre-signing trade policies
57. Categories of risk in the Agreement
58. Using the ISDA Master Agreement to enhance credit protection
59. The “vanilla ISDA”
60. Operational issues
61. Confirmations
62. Payments
63. Deliveries
64. Early termination or close-out
65. Administrative matters
66. Negotiation of a 2002 ISDA Master Agreement Schedule
67. Sample Schedule
68. Variants and implications of each provision
69. Other provisions commonly seen in the market and their implications
70. Part 6 – FX transactions and currency options
71. Special provisions for special entities and those sought by US counterparties
72. Building societies
73. Investment funds
74. Hedge funds
75. Pension funds
76. Insurance companies
77. Sovereign entities
78. Supranationals
79. Covered bonds
80. Individuals
81. Loan linked ISDA Schedules
82. US Schedule provisions
83. The credit crunch
84. Origins
85. What happened?
86. The current position
87. Possible future developments
88. Annexes
89. Bibliography
90. Index

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Tags: Paul Harding, Practical Guide, Master Agreements