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.