ISDA and law firm King & Wood Mallesons (KWM) have jointly published a ground-breaking review of judicial trends within the Chinese derivatives market.
The paper examines recent Chinese cases and arbitration decisions, and the rationale for their decisions. It analyzes the latest judicial trends relating to derivatives disputes in China, and how these trends may impact the judiciary’s interpretation of provisions in the ISDA Master Agreement and other derivatives contracts. It examines the key issues faced by banks when disputes arise with Chinese counterparties, and provides practical insights on the approaches likely to be adopted by courts and arbitrators in China when hearing derivatives-related disputes. The paper also covers latest developments regarding enforcement of arbitration awards and foreign judgments in China.
Documents (1) for China’s Derivatives Market and Judicial Trends
Latest
ISDA Response on Clearing Costs
On September 8, ISDA responded to consultation by the European Securities and Markets Authority (ESMA) on a draft regulatory technical standard on clearing fees and associated costs (article 7c(4) of the European Market Infrastructure Regulation (EMIR)). In the response, ISDA...
ISDA Response on Margin Transparency
On September 8, ISDA responded to a consultation by the European Securities and Markets Authority (ESMA) on a draft regulatory technical standard under the European Market Infrastructure Regulation (EMIR 3.0) on margin transparency requirements. ISDA’s members are supportive of margin...
Paper on Liquidity Assessment for Single-name CDS
On September 5, ISDA submitted a paper to the European Securities and Markets Authority (ESMA) and the European Commission in support of its earlier response to ESMA’s Markets in Financial Instruments Regulation (MIFIR) review consultation package 4 (CP4) on transparency...
Response to EC on Delegated Regulation
On September 4, ISDA responded to the European Commission’s (EC) consultation on amendments to delegated regulation (EU) 2017.567. The key area of interest for ISDA was the proposed insertion of a new article 16a that establishes what constitutes a post-trade...