Mastering the ISDA
Master Agreement 1992 and 2002, will provide a practical, clear and useful foundation
for the fledgling negotiator as well as supporting them with a good overview of the legal,
credit and operational issues inherent in the ISDA Master Agreement.
Mastering the ISDA
Master Agreement 1992 and 2002 is designed to build on the success of the first
edition by extending coverage of to the new 2002 ISDA Master Agreement, and extends the
coverage of the first edition.
Once again this book will
provide the many new entrants globally to derivatives documentation with a practical
negotiation guide to both the 1992 and 2002 Agreements so they can be approached
confidently.
Paul Harding has worked in
several UK and foreign banks in London in credit, marketing and documentation roles. Since
1990 he has been involved with derivatives documentation, and was a well-known negotiator
in the City with Barclays Capital Securities and Hill Samuel Bank, where he was head of
treasury documentation.
In 1997 he founded
Derivatives Documentation Ltd, a derivatives consultancy and project management company
based in the City of London and providing negotiation, recruitment and in-house training
services in derivatives documentation. Its clients include many of the world's leading
banks.
Paul Harding brings over ten
years' in-depth market experience to the subject of this book.
Contents
Chapter 1. Introduction to
the global derivatives market
-Size of market according to
latest ISDA figures.
-Estimated amount really at
risk.
-Main products
-Main currencies.
-Market users.
-How a deal is done from
start to finish.
Chapter 2. Need for and
evolution of the ISDA Master Agreement
-Inefficiency in documenting
each trade in the market's early days.
-Documentation
standardisation introduced by ISDA from 1985.
-How ISDA documentation
evolved.
-Product Definitions
-Confirmations
-Master Agreement types.
Chapter 3. Section by
section clear analysis of the 1992 ISDA Master Agreement
The idea is as before to
have a block of ISDA Master Agreement text on one page and a clear explanation of it on
the opposite page.
Written approval has been
given by ISDA to reproduce the 1992 ISDA Master Agreement in this format.
Chapter 4. Section by
section clear analysis of the 2002 ISDA Master Agreement
Same format.
Written approval has been
given by ISDA to reproduce the 2002 ISDA Master Agreement in this format.
Chapter 5. Legal issues
relating to the ISDA Master Agreements
UK issues
-Gaming laws
-Capacity and authority of
transacting parties.
-Ultra vires considerations.
-the Hammersmith and Fulham
case and local authorities as swaps counterparties.
-Protection from case law
and the 1985 Companies Act in the UK.
-specialised entities e.g.
insurance companies, pension funds, unit trusts, building societies.
-The concept of suitability.
-Enforceability of close-out
netting and set-off.
-Automatic Early
Termination.
-The ISDA collective legal
opinions.
-Third Party Rights.
New section on US issues
Chapter 6. Credit issues
relating to the ISDA Master Agreements
-Addition of Specified
Entities.
-Specified Indebtedness
variations.
-Downgrade from Cross
Default to cross acceleration.
-Threshold Amounts.
-Credit Event Upon Merger
variations.
-Additional Termination
Events.
-Set Off
-Transfers.
-Political risk.
-The "vanilla
ISDA".
Chapter 7. Operational
issues relating to the ISDA Master Agreements
-Confirmations
-Payments
-Deliveries
-Close out
-Administrative matters.
Chapter 8. A sample 1992
ISDA Master Agreement Schedule and accompanying commentary
Chapter 9. A sample 2002
ISDA Master Agreement Schedule and accompanying commentary
In each of these chapters
the idea is to have a block of Schedule text on one page and a clear explanation of it on
the opposite page.
Chapter 10. Provisions for
special entity types and those sought by US counterparties
As per the first edition
with some updating
Chapters 8, 9 and 10 are the
hub of the book because the Schedule is what negotiators actually negotiate and where they
need core knowledge and awareness of possible variations and their implications.
Chapter 11. New developments
Annexes
745 pages