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
RMB IRD Growth in Mainland China & Hong Kong
This report analyzes interest rate derivatives (IRD) activity in mainland China and Hong Kong, with a particular focus on renminbi (RMB)-denominated IRD. It examines market growth, structure and integration across onshore and offshore centers, and places these developments within the...
ISDA and SIFMA Comment on CFTC Proposed Revisions to Business Conduct and Swap Documentation Requirements
On October 24, 2025 ISDA and SIFMA submitted comments to the CFTC on its proposed Revisions to Business Conduct and Swap Documentation Requirements for Swap Dealers and Major Swap Participants. The proposal covers amendments to requirements related to external business...
Paper on Proposal 6 on Margin Transparency
On November 16, ISDA published a document that looked at proposal 6 in the final Basel Committee on Banking Supervision (BCBS), Committee on Payments and Market Infrastructures (CPMI) and International Organization of Securities Commissions (IOSCO) report on margin transparency. Proposal...
Tender Issued for DC Administrator Role
ISDA and the Credit Derivatives Governance Committee have issued an invitation to tender for an independent regulated entity to serve as the administrator for the Credit Derivatives Determinations Committees (DCs), which includes assuming the role of DC secretary. The DC...
