This volume in The Law and Practice of International Finance Series provides a worldwide comparative study of set-off and netting including a survey of special netting statutes globally. It covers set-off and netting for solvent and insolvent parties and gives outlines of set-off and netting agreements including group account netting, together with commentary so you can draft agreements easily.

All types of derivatives and derivative markets are covered as well as the legal risks that may arise. Clear outlines for swaps and derivatives transactions are provided, clarifying the terms used in the tax, stamp duty and regulatory aspects.

The ISDA master agreement is analysed, giving you expert guidance on its meaning and how it can be used in practice and 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

Part 1 - 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.
Part 2 – Derivatives: Transactions Derivatives. Derivatives Markets. Documentation of Derivatives and the ISDA Forms. Legal Aspects of Derivatives.
Part 3 - 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.

Learn More