Derivatives Disputes – Trends, Recent Case Law and Documenta

Trends, Recent Case Law and Documentation Initiatives

Thursday, November 14, 2019

Member $850 U.S.

Non-Member $975 U.S.

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Thursday, November 14, 2019

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8:15 AM Registration and Continental Breakfast

9:00 AM Introduction and Welcoming Remarks

9:10 AM ISDA’s work on dispute resolution

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.

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

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.

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?

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.

11:45 AM The user perspective: Litigation or arbitration for financial disputes?

The panelists on this session will discuss various key considerations which underpin the choice which market participants may have to take into account when deciding the appropriate dispute resolution for financial disputes. This session will consider how such considerations may lead to different dispute resolution choices, taking into account, for instance, different asset classes and regions.

12:30 PM Luncheon

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

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.

2:00 PM New issues affecting derivatives disputes in the future: Digital assets

This session will consider recent developments which may impact how Derivatives Disputes are decided. In particular, how developments in digital assets may influence the resolution of such disputes in the future, taking into account industry efforts on the legal classification of digital assets.

2:45 PM Is there anything special about financial disputes? Enforcement and Expert Witnesses

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.

3:30 PM Afternoon Break

3:45 PM Discussion on recent domestic and international litigation in the OTC Derivatives Market

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

4:30 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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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 $850 U.S.

Non-Member $975 U.S.

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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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