Design of Master Agreements for OTC Derivatives

Design of Master Agreements for OTC Derivatives
Author: Dietmar Franzen
Publisher: Springer
Total Pages: 184
Release: 2011-09-30
Genre: Business & Economics
ISBN: 9783642569333

I first came across the issue of derivatives documentation when writing my diploma thesis on measuring the credit risk ofOTC derivatives while I was an economics student at the University of Bonn. Despite the fact that security design has been an area of research in economics for many years and despite the widespread use of derivatives documentation in financial practice, the task of designing contracts for derivatives transactions has not been dealt with in financial theory. The one thing that aroused my curiosity was that two parties with usually opposing interests, namely banking supervisors and the banking industry's lobby, unanimously endorse the use ofcertain provisions in standardized contracts called master agreements. Do these provisions increase the ex ante efficiency of contracts for all parties involved? I actually began my research expecting to find support for the widely held beliefs about the efficiency or inefficiency of certain provisions and was sur prised to obtain results that contradicted the conventional wisdom. I would strongly advise against using these results in any political debate on deriva tives documentation. They were obtained within a highly stylized model with some restrictive assumptions. This work should rather be seen as an attempt to formalize the discussion on derivatives documentation and to challenge the notion that certain provisions are generally ex ante efficient. It is also an invitation to all those advocating the use of certain provisions in master agreements to formalize their arguments and to explain the economic ratio nale behind these provisions.

The Negotiation of OTC Derivatives Documentation

The Negotiation of OTC Derivatives Documentation
Author: Andrea Geat
Publisher: Lulu.com
Total Pages: 250
Release: 2016-01-08
Genre: Business & Economics
ISBN: 9881384508

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.

Design of Master Agreements for OTC Derivatives

Design of Master Agreements for OTC Derivatives
Author: Dietmar Franzen
Publisher: Springer Science & Business Media
Total Pages: 183
Release: 2012-12-06
Genre: Business & Economics
ISBN: 3642569323

I first came across the issue of derivatives documentation when writing my diploma thesis on measuring the credit risk ofOTC derivatives while I was an economics student at the University of Bonn. Despite the fact that security design has been an area of research in economics for many years and despite the widespread use of derivatives documentation in financial practice, the task of designing contracts for derivatives transactions has not been dealt with in financial theory. The one thing that aroused my curiosity was that two parties with usually opposing interests, namely banking supervisors and the banking industry's lobby, unanimously endorse the use ofcertain provisions in standardized contracts called master agreements. Do these provisions increase the ex ante efficiency of contracts for all parties involved? I actually began my research expecting to find support for the widely held beliefs about the efficiency or inefficiency of certain provisions and was sur prised to obtain results that contradicted the conventional wisdom. I would strongly advise against using these results in any political debate on deriva tives documentation. They were obtained within a highly stylized model with some restrictive assumptions. This work should rather be seen as an attempt to formalize the discussion on derivatives documentation and to challenge the notion that certain provisions are generally ex ante efficient. It is also an invitation to all those advocating the use of certain provisions in master agreements to formalize their arguments and to explain the economic ratio nale behind these provisions.

Negotiating Skills for the ISDA Master Agreement

Negotiating Skills for the ISDA Master Agreement
Author: Seth Bender
Publisher: Financial Times/Prentice Hall
Total Pages: 0
Release: 2011
Genre: Credit derivatives
ISBN: 9780132099639

In the wake of recent turbulence in the financial markets, institutions that transact OTC derivatives are increasingly relying on the International Swaps and Derivatives Association, Inc.'s ("ISDA") Master Agreement. However, because this agreement is extremely complex, many money managers, hedge fund managers, and traders find themselves at a serious disadvantage when negotiating with dealer counterparties. Now, for the first time, there's a complete, practical guide to successfully negotiating the ISDA Master Agreement and its associated Credit Support Annexes. Negotiating Skills for the ISDA Master Agreement helps readers clearly understand what dealers will and won't concede, helping them focus on the issues and provisions they can actually change. Long-time OTC derivatives consultant Seth Phillip Bender clearly introduces the ISDA Master Agreement's documentation architecture, provides drafting recommendations and language suggestions, and offers specific operational tips related to the Credit Support Annex and the collaterization of exposure. He also devotes a full chapter to recent ISDA initiatives, showing how they have affected negotiations, and guiding readers in aligning with them. Simply put, this book gives financial professionals the insights they need to protect their interests in today's OTC derivatives marketplace--fairly, efficiently, and consistently.

Collateral, Netting and Systemic Risk in the OTC Derivatives Market

Collateral, Netting and Systemic Risk in the OTC Derivatives Market
Author: Mr.Manmohan Singh
Publisher: International Monetary Fund
Total Pages: 17
Release: 2010-04-01
Genre: Business & Economics
ISBN: 1451982763

To mitigate systemic risk, some regulators have advocated the greater use of centralized counterparties (CCPs) to clear Over-The-Counter (OTC) derivatives trades. Regulators should be cognizant that large banks active in the OTC derivatives market do not hold collateral against all the positions in their trading book and the paper proves an estimate of this under-collateralization. Whatever collateral is held by banks is allowed to be rehypothecated (or re-used) to others. Since CCPs would require all positions to have collateral against them, off-loading a significant portion of OTC derivatives transactions to central counterparties (CCPs) would require large increases in posted collateral, possibly requiring large banks to raise more capital. These costs suggest that most large banks will be reluctant to offload their positions to CCPs, and the paper proposes an appropriate capital levy on remaining positions to encourage the transition.

Contract Governance

Contract Governance
Author: Stefan Grundmann
Publisher: OUP Oxford
Total Pages: 497
Release: 2015-07-23
Genre: Law
ISBN: 0191035297

This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Commercial Contracts

Commercial Contracts
Author: Vladimir R. Rossman
Publisher: Wolters Kluwer
Total Pages: 2506
Release: 2012-12-17
Genre: Law
ISBN: 145483109X

In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more

Doing Business in 2004

Doing Business in 2004
Author: Simeon Djankov
Publisher: World Bank Publications
Total Pages: 222
Release: 2004
Genre: Juvenile Nonfiction
ISBN: 9780821353417

A co-publication of the World Bank, International Finance Corporation and Oxford University Press