ISDA Morning Briefing – New Model Jurisdiction Clauses for Use with ISDA Master Agreements

The New ISDA Choice of Court and Governing Law Guide

Tuesday, February 27, 2018
London

The ISDA Master Agreement contains the parties’ choice for the law which will govern the contract and transactions under its terms, as well as a provision specifying which courts can adjudicate upon any disputes about swaps governed by the Master Agreement. The terms dealing with governing law and choice of court were first published in 1987 and underwent revision for the 2002 Master Agreement. In light of legal developments which are relevant to how courts will deal with choices like these, ISDA has recently consulted with members and produced a new guide which offers new model clauses which users may choose to include in future transactions. These provisions include a simplified non-exclusive choice of court and, for the first time, a choice of an exclusive choice of court. In this breakfast briefing we will be joined by Linklaters LLP, who have advised ISDA in relation to the new guide, and users of the Master Agreement to discuss the topics addressed in the new guide, including when parties may consider using the new model clauses.

Educational Credits

1.75 CPD Credit Hours Available (England and Wales)

2 CLE Credit Hours Available (New York)

Transitional and Nontransitional

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Tuesday, February 27, 2018

8:00 AM Registration and Continental Breakfast

8:30 AM Welcoming Remarks Peter Werner

Peter Werner, Senior Counsel, ISDA

8:45 AM The New ISDA Choice of Court and Governing Law Guide Moderator: Peter Werner, William Chan, Beatrix Pole, Patrick Robinson

A panel discussion on the forthcoming ISDA guide and the main issues that it covers, including:

  • The two types of model clauses to be provided plus commentary
  • Extension of choice of governing law into non-contractual obligations
  • Definition of ‘proceedings’
Moderator: Peter Werner, Senior Counsel, ISDA
William Chan, Associate, Linklaters LLP
Beatrix Pole, Director, NatWest Markets
Patrick Robinson, Partner, Linklaters LLP

10:30 AM Discussion Concludes

Register Now for ISDA Morning Briefing – New Model Jurisdiction Clauses for Use with ISDA Master Agreements
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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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William Chan

Associate

Linklaters LLP

Beatrix Pole

Director

NatWest Markets

Patrick Robinson

Partner

Linklaters LLP

Peter Werner

Senior Counsel

ISDA

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Introductory

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. www.nasba.org

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