Articles

OTC derivatives and the ISDA Master Agreement: (how) does it work under Dutch law? (part 1)

OTC derivatives and the ISDA Master Agreement: (how) does it work unde

OTC derivatives and the ISDA Master Agreement: (how) does it work under Dutch law? (part 1)

23.10.2017 NL law

Most over-the-counter (OTC) derivatives are entered into under an ISDA Master Agreement. One of the major aims of the Master Agreement is to control the credit risk that the counterparties are mutually exposed to. The early termination and close-out netting provisions form the core of the Master Agreement.

A Dutch court may apply elements of Dutch law when interpreting the Master Agreement even when a valid choice for English law or the laws of the State of New York has been made. In general, those elements of Dutch law do not affect the enforceability of the early termination and close-out netting provisions of the Master Agreement. However, there are some important points that may be of interest to market participants entering into transactions with a Dutch counterparty.

Read the full article.  

Related news

13.03.2019 NL law
Financial Services Disputes in the Netherlands

Articles - What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction? Who has a right of action in financial services disputes? Does it make a difference if the customer is an individual or a commercial entity? Is there a specialist court or specialist judges for financial services litigation? Roderik Vrolijk and Daphne Rijkers provide answers to these and other questions about financial services disputes in the Netherlands.

Read more

22.02.2019 BE law
Lost your passport - How a hard Brexit will affect UK financial institutions’ access to the Belgian financial market

Articles - FSMA gives local guidance - Belgian legislature prepares contingency measures The UK is due to leave the European Union on 29 March 2019. Unless specific arrangements granting the UK at least a temporary status quo will be adopted before 29 March 2019, the UK financial industry will be considered third-country entities and will therefore be seriously restricted in carrying on their activities in the EEA, including Belgium.

Read more

12.03.2019 LU law
Entry into force of the RBE Regulation and update

Articles - The Grand-Ducal Regulation of 15 February 2019 on the registration, payment of administrative fees and access to information recorded in the register of beneficial owners (the “RBE Regulation”) entered into force on 1 March 2019 and depicts the practical aspects of the Law of 13 January 2019 establishing a beneficial owner register (the “RBE Law”). Another document, the LBR Circular 19/01 (the “Circular”) issued by the Luxembourg Business Registers on 25 February 2019  further describes the new register of beneficial owners (the “RBE”) with the aim of helping users. 

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring