Derivatives Disputes

Litigating and Arbitrating the ISDA Master Agreements

Thursday, February 21, 2019
Singapore

Member $650 U.S.

Non-Member $750 U.S.

Register for Derivatives Disputes

This conference discusses considerations for market participants in the derivatives markets which dispute resolution mechanism to adopt, in particular focusing on certain issues which may be relevant for Asia-Pacific market participants. If arbitration is chosen, we will discuss how to use the 2018 ISDA Arbitration Guide and further drafting considerations beyond the issues covered by the Guide itself. If litigation is chosen, we will discuss various cases from domestic and international litigations involving sell-side and buy-side firms as well provide some observations on expert witnesses and enforcement. This conference will also consider the 2018 ISDA Choice of Court and Governing Law Guide.

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Thursday, February 21, 2019

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8:15 AM Registration and Morning Coffee

9:00 AM Introduction and Welcoming Remarks

9:05 AM ISDA’s work on Dispute Resolution

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

10:00 AM Further Issues to Consider in the 2018 Arbitration Guide

Issues for discussion will range from multiparty proceedings, optional forum clauses, expedited proceedings and confidentiality to disclosure, interim relief and appeal. This session will also consider issues which may be relevant for market participants in Asia-Pacific.

10:45 AM Morning Break

11:00 AM The ISDA Choice of Court and Governing Law Guide: What does it aim at and what does it cover?

  • The two types of model clauses
  • The extension of choice of governing law into non-contractual obligations
  • Definition of “proceedings”

This session will also consider the effects of Brexit on dispute forum clauses.

12:00 PM The User Perspective: Litigation or arbitration for financial disputes?

1:00 PM Luncheon

2:00 PM China’s Derivatives Market and Judicial Trends

2:40 PM Is There Anything Special about Financial Disputes? Enforcement and Expert Witnesses

3:40 PM Afternoon Break

3:55 PM Discussion on Recent Domestic and International Litigation in the OTC Derivatives Market

Cases from the courts of the UK, US and the Asia-Pacific region as well as international arbitration will be covered.

5:30 PM Conference Concludes

Agenda is subject to change.

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Marina Mandarin Singapore, 6 Raffles Boulevard, Marina Square, Singapore 039594. Phone: +65 6845 1000

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Registration fee is for one person to attend the entire event. Pass may not be split between multiple attendees.
Groups of three or more attendees from the same firm can receive a 20% discount on event registrations. To register your group, please email conferences@isda.org

Member $650 U.S.

Non-Member $750 U.S.

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Intermediate

Some knowledge of derivatives documentation is assumed. No advance preparation is required.

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