Derivatives Disputes

Trends, Recent Case Law and Documentation Initiatives

Thursday, November 14, 2019

Member US$850.00

Non-Member US$975.00

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Thursday, November 14, 2019

Print Agenda Derivatives Disputes for

8:15 AM Registration and Continental Breakfast

9:00 AM Introduction and Welcoming Remarks Peter Werner

Peter Werner, Senior Counsel, ISDA

9:10 AM ISDA’s work on Dispute Resolution Peter Werner

This session will provide an introduction into the work that ISDA has undertaken in dispute resolution. It will also provide the background for the other sessions later in the day.

Peter Werner, Senior Counsel, ISDA

9:30 AM The 2018 ISDA Arbitration Guide: What does it aim at and what does it cover? James Freeman

This session will consider the 2018 ISDA Arbitration Guide. Speakers will provide an overview of the Guide as well as focus on differences between the 2013 and the 2018 Guides. Issues for discussion will range from multiparty proceedings, optional forum clauses, expedited proceedings and confidentiality to disclosure, interim relief and appeal.

James Freeman, Partner, Allen & Overy LLP

10:30 AM Morning Break

10:45 AM The ISDA Choice of Court and Governing Law Guide: What does it aim at and what does it cover? Stephen Lacey, Patrick Robinson

This session will consider the types of model clauses provided; the extension of the choice of governing law provisions; the definition of “proceedings” as well as the effect of Brexit on dispute forum clauses.

Stephen Lacey, Counsel Professional Support Lawyer, Linklaters LLP
Patrick Robinson, Partner, Linklaters LLP

11:45 AM Managing Risk when Contracting with Sovereigns Sarah Garvey

Sarah Garvey, Counsel, Allen & Overy LLP

12:30 PM Luncheon

1:30 PM Trends in Case Law and Dispute Resolution: Mediation Habib Motani

This session will provide an update on current trends in judicial cases relating to derivatives disputes. It will also consider trends in the use of alternative dispute resolution in derivatives disputes, including arbitration and mediation. This session will also consider the recent Singapore Convention on Mediation and whether this convention would encourage the use of mediation for such disputes.

Habib Motani, Consultant, Clifford Chance LLP

2:00 PM New issues affecting Derivatives Disputes in the future: Technology & Digital assets Ciarán McGonagle, Daniel Franks, Judith Lawless, Declan McKeever

This session will consider the impact of new technology upon derivatives transactions, the types of new issues and disputes that might arise and how these disputes might be resolved. In particular, this session will focus on the development of digital assets, taking into account industry efforts to provide greater clarity on the legal and regulatory characterization of these assets.

Moderator: Ciarán McGonagle, Assistant General Counsel, ISDA
Daniel Franks, Partner, Norton Rose Fulbright LLP
Judith Lawless, Irish Counsel to ISDA, Partner, McCann Fitzgerald
Declan McKeever, Executive Director & Assistant General Counsel, JP Morgan Chase & Co

3:00 PM Is there anything special about Financial Disputes? Enforcement and Expert Witnesses Jonathon Caunt, Jennifer Choi, Jeff Golden, Rick Grove

The panelists on this session will provide insights on the nature of financial disputes and the unique considerations which market participants should take into account. In particular, this session considers the role of expert witnesses in such disputes and also how enforcement considerations may influence the choice of dispute resolution.

Jonathon Caunt, Senior Associate, Clifford Chance LLP
Jennifer Choi, Senior Legal Counsel, Dispute Resolution, Standard Chartered Bank
Jeff Golden, Joint Head of Chambers, 3 Hare Court
Rick Grove, Partner and Chief Executive Officer, Rutter Associates LLC

4:00 PM Afternoon Break

4:15 PM Discussion on recent Domestic and International litigation in the OTC Derivatives Market Massimiliano Danusso, Simon Fawell, Simon Firth

This session will cover various cases from the courts and tribunals across different regions.

Massimiliano Danusso, Managing Partner London Office, BonelliErede
Simon Fawell, Partner, Dechert LLP
Simon Firth, Partner, Linklaters LLP

5:15 PM Conference Concludes

Agenda is subject to change.

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Allen & Overy LLP, One Bishops Square, London, E1 6AD. Phone +44 (0) 203 808 9700. A map to the venue can be found here. You will be required to provide photo identification in order to enter the venue. Please ensure you present this at the ground floor reception or you may be refused entry.

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Jonathon Caunt

Senior Associate

Clifford Chance LLP

Jennifer Choi

Senior Legal Counsel, Dispute Resolution

Standard Chartered Bank


Massimiliano Danusso

Managing Partner London Office


Simon Fawell


Dechert LLP

Simon Firth


Linklaters LLP


Daniel Franks


Norton Rose Fulbright LLP


James Freeman


Allen & Overy LLP


Sarah Garvey


Allen & Overy LLP


Jeff Golden

Joint Head of Chambers

3 Hare Court

Rick Grove

Partner and Chief Executive Officer

Rutter Associates LLC

Stephen Lacey

Counsel Professional Support Lawyer

Linklaters LLP


Judith Lawless

Irish Counsel to ISDA, Partner

McCann Fitzgerald

Ciarán McGonagle

Assistant General Counsel



Declan McKeever

Executive Director & Assistant General Counsel

JP Morgan Chase & Co


Habib Motani


Clifford Chance LLP


Patrick Robinson


Linklaters LLP


Peter Werner

Senior Counsel



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Registration fee is for one person to attend the entire event. Pass may not be split between multiple attendees.

For some events, groups of three or more attendees from the same firm can receive a 20% discount on event registrations. Groups must be registered together, in advance of the event. To register your group, please email

Government Agencies and Financial Hardship Policy

Member US$850.00

Non-Member US$975.00

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Basic knowledge of derivatives documentation is beneficial but not mandatory. Some knowledge of financial markets is assumed. No advance preparation is required.

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ISDA is an accredited provider of continuing education credits by the following organizations:

  • CLE

    ISDA has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the state of New York.

  • CPE Sponsory

    ISDA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors: 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417.

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