China’s Derivatives Market and Judicial Trends

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.

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Documents (1) for China’s Derivatives Market and Judicial Trends

ISDA Omnibus Canadian Representation Letter

On September 2, ISDA published the Omnibus Canadian Representation Letter, which combines previously published representation letters drafted to assist firms in compliance with Canadian trade reporting, business conduct, regulatory margin and clearing classification rules. The Omnibus Canadian Letter is designed...

Joint Response on Cross-margining

On August 31, ISDA and FIA submitted a letter to the US Commodity Futures and Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) on the agencies’ joint request for comment on the implementation of portfolio margining and cross-margining...