The Negotiation of OTC Derivatives Documentation

Book excerpt: This book takes the ISDA Master Agreement (including the Credit Support Annex) as the benchmark for any OTC Derivatives documentation negotiation and explains the relevant "DOs and DON'Ts" when it comes to the most commonly negotiated terms, providing sufficient background to help the reader make an informed decision in relation to important elections. Particular focus is on a number of areas that include but are not limited to: the ISDA modular structure: 1992 and 2002 versions, the ISDA Credit Support Annex (Title Transfer - English Law and Pledge - New York and Japanese Law), practical insights about negotiating the ISDA and CSA, the ISDA protocols and other documentation initiatives linked to EMIR and Dodd-Frank, OTC Clearing, FATCA, Asia-Pacific Regulatory overview, Give-up trading models and documentation. There is no pretention to provide the basis for the perfect negotiation strategy or approach, but there are enough negotiation tips, sample provisions and case law references to help the readers understand what is important, permissible and sensible so as to drive the negotiation effectively. The sample provisions and documentation presented in this book are for reference only and serve the sole purpose of explaining the inherent impact and significance of the underlying topics, risks and issues calling for the inclusion of certain terms. By no means this book should be read or seen as a collection of provisions or templates for general use.