Book contents
- The Financial Courts
- The Financial Courts
- Copyright page
- Contents
- Preface
- Table of Cases
- Table of Legislation
- Introduction
- 1 The Modern Derivatives Markets
- 2 Global Markets and the English Courts
- 3 Interpreting the ISDA Master Agreement
- 4 The Regulatory Framework for Mis-selling Claims
- 5 Private Law Claims for Mis-selling
- 6 Defensive Drafting
- 7 Challenging Decision-making
- 8 Challenging Choice of Jurisdiction
- 9 Challenging Choice of Law
- 10 The Future of the Financial Courts
- Appendix Legislative Framework for Contractual Jurisdiction Provisions
- Index
3 - Interpreting the ISDA Master Agreement
Published online by Cambridge University Press: 19 December 2020
- The Financial Courts
- The Financial Courts
- Copyright page
- Contents
- Preface
- Table of Cases
- Table of Legislation
- Introduction
- 1 The Modern Derivatives Markets
- 2 Global Markets and the English Courts
- 3 Interpreting the ISDA Master Agreement
- 4 The Regulatory Framework for Mis-selling Claims
- 5 Private Law Claims for Mis-selling
- 6 Defensive Drafting
- 7 Challenging Decision-making
- 8 Challenging Choice of Jurisdiction
- 9 Challenging Choice of Law
- 10 The Future of the Financial Courts
- Appendix Legislative Framework for Contractual Jurisdiction Provisions
- Index
Summary
Every position in the financial markets, from a vanilla interest rate swap to a syndicated loan, from a repo to a bond, is a contract. Contractual risk mitigation techniques, such as Events of Default, are more significant in sectors where parties enjoy fewer public sector regulatory protections, as is the case in syndicated loans and derivatives, but contractual relationships underpin all financial positions. More complex structures, such as synthetic securitisations or a chain of interests in intermediated securities may involve multiple parties and span diverse jurisdictions, but in legal terms they are merely combinations of contracts. The same applies to products which are shrouded in jargon or which seem exotic at the time.
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- The Financial CourtsAdjudicating Disputes in Derivatives Markets, pp. 76 - 119Publisher: Cambridge University PressPrint publication year: 2021