Arbitrating ISDA Disputes: A Bright Future for Derivative Markets

[Saurav Roy is a final-year law student [V B.A.LL.B] at ILS Law College, Pune] The International Swaps and Derivatives Association (“ISDA”) is the go-to trade organisation for participants in the over-the-counter (“OTC”) derivatives market. The ISDA Master Agreement (“Master Agreement”) is a standardised agreement which allows participants to enter into these derivative transactions. Although the Master Agreement is preliminarily viewed as a useful tool for banks and financial institutions, it has found usage in several transactions entered into by counterparties (entities which normally have some exposure to financial risk). What makes the Master Agreement useful is that it sets out standard terms that will apply in each set of transactions between the parties, thus eliminating the need for re-negotiation of terms at the onset of a transaction. This is made abundantly clear in the Agreement itself.[1] Arbitrating Disputes under the…

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