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

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Product details:

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

Table contents:

What are derivatives?
Differences between the OTC and exchange-traded derivatives market
Main products
Size of the global OTC derivatives market
How a deal is done from start to finish
The people involved
The documentation process
The evolution of the ISDA Master Agreement
How ISDA documentation has evolved
Inefficient documentation of trades in the market’s early days
The ISDA documentation architecture
The ISDA Master Agreement
The 1992 ISDA Master Agreement
Section by section analysis of the 1992 ISDA Master Agreement
Glossary of most terms in Section 14
The 2002 ISDA Master Agreement
Evolution of the 2002 ISDA Master Agreement
Section by section analysis of the 2002 ISDA Master Agreement
Glossary of most terms in Section 14
Analysis of the Schedule
What did not make it into the 2002 ISDA Master Agreement
Implementation of the 2002 ISDA Master Agreement
Legal issues relating to the ISDA Master Agreement from the European and US perspectives
European perspective by Simon J. Leifer
Gaming/wagering
Legal capacity
Credit derivatives
Authority
Suitability
Financial Services and Markets Act 2000
Enforceability of close-out netting and set-off
Cross-border netting on insolvency
Markets in Financial Instruments Directive (MiFID)
ISDA collective legal opinions
Automatic Early Termination
Credit Support
Third-party rights
US perspective by Christian A. Johnson
Enforcement of New York choice of law
US bankruptcy and banking insolvency law
Non-New York Head Office of a US counterparty
The Commodity Exchange Act (1974) and the Commodity Futures Modernization Act (2000
Gaming and bucket shop laws
Credit issues relating to the ISDA Master Agreement
Addition of Specified Entities
Specified Indebtedness
Downgrade from Cross Default to cross acceleration
Threshold Amount
Credit Event Upon Merger
Additional Termination Events
Set-Off
Transfers
Political risk
Other credit issues
Pre-signing trade policies
Categories of risk in the Agreement
Using the ISDA Master Agreement to enhance credit protection
The “vanilla ISDA”
Operational issues
Confirmations
Payments
Deliveries
Early termination or close-out
Administrative matters
Negotiation of a 2002 ISDA Master Agreement Schedule
Sample Schedule
Variants and implications of each provision
Other provisions commonly seen in the market and their implications
Part 6 – FX transactions and currency options
Special provisions for special entities and those sought by US counterparties
Building societies
Investment funds
Hedge funds
Pension funds
Insurance companies
Sovereign entities
Supranationals
Covered bonds
Individuals
Loan linked ISDA Schedules
US Schedule provisions
The credit crunch
Origins
What happened?
The current position
Possible future developments

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