Cross-border derivatives disputes: ISDA Arbitration Guide 2013 model clauses offer more certainty

By Jean-Pierre Douglas-Henry and Oliver Perez

The 2013 International Swaps and Derivatives Association (ISDA) Arbitration Guide has been published following a two-year consultation with ISDA members.

The guide provides model clauses for various forms of arbitration for use in derivative transactions. This is welcome news for the banking and investment community, which has not always found the standard ISDA submission to the court-based adjudication of disputes to be ideally suited to complex cross-border structured product disputes.

The purpose of the consultation was to gauge member interest in using arbitration in connection with derivative transactions documented under the ISDA Master Agreement. During the consultation, members showed an appetite for using international arbitration in derivatives disputes and indicated that model clauses would be helpful…

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