Design of Master Agreements for OTC Derivatives

Design of Master Agreements for OTC Derivatives

Author: Dietmar Franzen

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 183

ISBN-13: 3642569323

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I first came across the issue of derivatives documentation when writing my diploma thesis on measuring the credit risk ofOTC derivatives while I was an economics student at the University of Bonn. Despite the fact that security design has been an area of research in economics for many years and despite the widespread use of derivatives documentation in financial practice, the task of designing contracts for derivatives transactions has not been dealt with in financial theory. The one thing that aroused my curiosity was that two parties with usually opposing interests, namely banking supervisors and the banking industry's lobby, unanimously endorse the use ofcertain provisions in standardized contracts called master agreements. Do these provisions increase the ex ante efficiency of contracts for all parties involved? I actually began my research expecting to find support for the widely held beliefs about the efficiency or inefficiency of certain provisions and was sur prised to obtain results that contradicted the conventional wisdom. I would strongly advise against using these results in any political debate on deriva tives documentation. They were obtained within a highly stylized model with some restrictive assumptions. This work should rather be seen as an attempt to formalize the discussion on derivatives documentation and to challenge the notion that certain provisions are generally ex ante efficient. It is also an invitation to all those advocating the use of certain provisions in master agreements to formalize their arguments and to explain the economic ratio nale behind these provisions.


Negotiating Skills for the ISDA Master Agreement

Negotiating Skills for the ISDA Master Agreement

Author: Seth Bender

Publisher: Financial Times/Prentice Hall

Published: 2011

Total Pages: 0

ISBN-13: 9780132099639

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In the wake of recent turbulence in the financial markets, institutions that transact OTC derivatives are increasingly relying on the International Swaps and Derivatives Association, Inc.'s ("ISDA") Master Agreement. However, because this agreement is extremely complex, many money managers, hedge fund managers, and traders find themselves at a serious disadvantage when negotiating with dealer counterparties. Now, for the first time, there's a complete, practical guide to successfully negotiating the ISDA Master Agreement and its associated Credit Support Annexes. Negotiating Skills for the ISDA Master Agreement helps readers clearly understand what dealers will and won't concede, helping them focus on the issues and provisions they can actually change. Long-time OTC derivatives consultant Seth Phillip Bender clearly introduces the ISDA Master Agreement's documentation architecture, provides drafting recommendations and language suggestions, and offers specific operational tips related to the Credit Support Annex and the collaterization of exposure. He also devotes a full chapter to recent ISDA initiatives, showing how they have affected negotiations, and guiding readers in aligning with them. Simply put, this book gives financial professionals the insights they need to protect their interests in today's OTC derivatives marketplace--fairly, efficiently, and consistently.


Collateral, Netting and Systemic Risk in the OTC Derivatives Market

Collateral, Netting and Systemic Risk in the OTC Derivatives Market

Author: Mr.Manmohan Singh

Publisher: International Monetary Fund

Published: 2010-04-01

Total Pages: 17

ISBN-13: 1451982763

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To mitigate systemic risk, some regulators have advocated the greater use of centralized counterparties (CCPs) to clear Over-The-Counter (OTC) derivatives trades. Regulators should be cognizant that large banks active in the OTC derivatives market do not hold collateral against all the positions in their trading book and the paper proves an estimate of this under-collateralization. Whatever collateral is held by banks is allowed to be rehypothecated (or re-used) to others. Since CCPs would require all positions to have collateral against them, off-loading a significant portion of OTC derivatives transactions to central counterparties (CCPs) would require large increases in posted collateral, possibly requiring large banks to raise more capital. These costs suggest that most large banks will be reluctant to offload their positions to CCPs, and the paper proposes an appropriate capital levy on remaining positions to encourage the transition.


Commercial Contracts

Commercial Contracts

Author: Vladimir R. Rossman

Publisher: Wolters Kluwer

Published: 2012-12-17

Total Pages: 2506

ISBN-13: 145483109X

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In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more


Contract Governance

Contract Governance

Author: Stefan Grundmann

Publisher: OUP Oxford

Published: 2015-07-23

Total Pages: 497

ISBN-13: 0191035297

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This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.


Doing Business in 2004

Doing Business in 2004

Author: Simeon Djankov

Publisher: World Bank Publications

Published: 2004

Total Pages: 222

ISBN-13: 9780821353417

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A co-publication of the World Bank, International Finance Corporation and Oxford University Press


Re-imagining Economic Sociology

Re-imagining Economic Sociology

Author: Patrik Aspers

Publisher: Oxford University Press

Published: 2015

Total Pages: 339

ISBN-13: 0198748469

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The purpose of this book is to explore new developments in the field of economic sociology. It contains cutting-edge theoretical discussions by some of the world's leading economic sociologists, with chapters on topics such as the economic convention, relational sociology, economic identity, economy and law, economic networks and institutions. The book is distinctive in a number of ways. First, it focuses on theoretical contributions, by pulling together and extending what the contributors believe to be the most important theoretical innovations within their own particular areas of the field. Second, there are contributions by leading economic sociologists from both the US and Europe, which gives the book both wider scope and appeal, while also creating the opportunity for some interesting dialogue between distinct theoretical traditions. The book will be of interest to researchers, Ph.D. students, and advanced students on both side of the Atlantic, and indispensible in advanced economic sociology courses.


Pricing Portfolio Credit Derivatives by Means of Evolutionary Algorithms

Pricing Portfolio Credit Derivatives by Means of Evolutionary Algorithms

Author: Svenja Hager

Publisher: Springer Science & Business Media

Published: 2008-09-08

Total Pages: 176

ISBN-13: 3834997021

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Svenja Hager aims at pricing non-standard illiquid portfolio credit derivatives which are related to standard CDO tranches with the same underlying portfolio of obligors. Instead of assuming a homogeneous dependence structure between the default times of different obligors, as it is assumed in the standard market model, the author focuses on the use of heterogeneous correlation structures.