Set-off & Netting, Derivatives, Clearing Systems

Practical guidance on insolvency law for international financial transactions

· Provides comparative studies of key areas of international insolvency law, including: judicial reorganisations and plans, private restructuring agreements and workouts, liquidations, the liabilities of corporate directors and lender liability, voidable preferences, priorities, trusts and custodianship, the impact of insolvency on contracts and leases as well as bank insolvencies and state insolvencies
· Provides snapshots of insolvency laws worldwide
· Discusses conflict of laws on insolvency, including the EU Insolvency Regulation and the Uncitral Model LawGives you the broadest available coverage of international financial law and regulation
Helps you reduce exposure to risk in international financial contracts
· Gives practical guidance on set-off and netting, derivatives and clearing systems, in virtually all the world?s jurisdictions so you can help your clients to reduce exposure to risk and transaction costs in cross-border financial contracts
· Provides you with a worldwide comparative study of set-off and netting including a survey of special netting statutes globally so you can apply the appropriate legislation, directives and case law correctly, no matter where the parties are based or operating
· Provides outlines of set-off and netting agreements including group account netting, together with commentary so you can draft agreements easily
· Covers all types of derivatives and derivative markets and the legal risks that may arise so you are clear on the law surrounding how these should be agreed
· Gives you clear outlines for swaps and derivatives transactions, clarifying the terms used to help you with this complex area
· Discusses the legal risks of derivatives so you know what to look out for
· Analyses the ISDA master agreement giving you expert guidance on its meaning and how it can be used in practice
· Deals with the law of securities and settlement systems so that you know how the law and systems can be used effectively and efficiently

Contents:
Set-off and Netting
* Principles of set-off and netting
* Insolvency set-off and netting
* Set-off between solvent parties Set-off and netting mutuality
* Set-off against interveners; assignees, attaching creditors, undisclosed principals and others
* Conflict of laws for set-off and netting
* Special netting statutes
* World summary of set-off and netting
* Outlines of set-off and netting agreements and commentary

Derivatives
* Derivatives transactions
* Derivatives markets
* Documentation of derivatives and the ISDA form
* Legal aspects of derivatives

Payment and Securities Clearing Systems
* Structure and operation of payment systems
* Insolvency risks and time of payment
* Bank liabilities in payment systems
* Payment systems and conflict of laws
* Settlement systems for securities EU Directives on clearings