Unfortunately, based on a reputation for being somewhat boiler-plate, notice provisions are often not given the care and attention in negotiations they deserve. In practice, however, notice provisions are crucial – if they are incorrect or service of notice is impossible, you cannot enforce your rights. For the derivatives market, ISDA has proposed an innovative
Artificial intelligence (AI) is transforming the financial industry, and the derivatives market is no exception. A new whitepaper from ISDA Future Leaders in Derivatives (IFLD), a professional development program for emerging leaders in the derivatives market, explores the potential use of generative artificial intelligence (GenAI) in the derivatives markets. GenAI is
Crypto is booming again. Are you a bull? In which case you might like to purchase a derivative to gain a leveraged long exposure (a call option or long forward/future). Are you a bear? In which case you might like to purchase a derivative to hedge your downside (a put option or short forward/future). All
In Banca Nazionale del Lavoro, Commerzbank and Dexia Credit Local v Provincia di Catanzaro [2023] EWHC 3309 (Comm), the High Court granted summary judgment in favour of the joint bank claimants against the Italian public authority, Provincia di Catanzaro (“Catanzaro”). This is the latest in a succession of cases in which Italian local authorities have relied on Italian law arguments as to capacity, authority and/or validity as a basis for arguments that English-law governed derivative transactions on standard ISDA terms and subject to exclusive English jurisdiction, to which they had agreed, are invalid.Continue Reading Respect my authority: considering capacity to enter into swaps
Despite some counter-revolutionary forces, especially in the US, it seems likely that environmental, social and governance (ESG) concerns will continue to be increasingly significant factors in the structuring and execution of derivative transactions. We have covered the growth of the ESG derivative market (sometimes referred to as sustainability-linked derivatives) on the Long and
Effectively delivering notices under commercial contracts is not as straight-forward as it maybe ought to be, with different contracts requiring different methods of delivery, different content and different timelines. Often these boiler-plate provisions are not treated with the same vigour as the commercial provisions of a contract in negotiations, meaning they can be left containing ambiguity. And this ambiguity will also often come to light at very worrisome times, like where a default notice is being delivered to close out transactions.Continue Reading On Notice: developments in delivery of notices under the ISDA Master Agreement
In Macquarie Bank Limited v Phelan Energy Group Limited [2022] EWHC 2616 (Comm) the High Court considered what must be contained in a notice of failure to pay or notice of an early termination date under the 2002 ISDA Master Agreement for it to be effective. The findings will be of interest to parties considering closing out derivative transactions. Continue Reading You Have Been Served: Requirements for a Valid Failure to Pay Notice and Early Termination Date Notice
The recent volatility in the cryptocurrency markets has not tempered the momentum towards developing contractual standards and norms for digital asset derivatives.Continue Reading The key (terms) to unlocking the market: contractual standards for digital asset derivatives
Two years ago, I was standing in front of our Mayer Brown offices in Frankfurt, boiling in 38 degree heat, filming a trailer for Linkedin for our 5th Annual OTC Derivatives Seminar, which we had clients coming from across Germany, to attend.
Last June , with international lock-down well under way, we took our
Our annual Mayer Brown OTC Derivatives Seminar continues for a second year in webinar form.
This year, we offer you the opportunity to participate in an interactive seminar, structured as a series of four quick sessions. Each lasts around half an hour, with the opportunity to interact with our team in a live Q&A session.