ISDA Master Agreement

Our global team of expert derivatives lawyers have produced a series of quick-reference comparison tables analysing the differences and similarities between the ISDA Master Agreement and various local-law governed master agreements.

The jurisdictions covered draw on the full width of our global practice and include contributions from relevant jurisdictions, including Australia, Brazil*, Canada, England, France, Germany, the Netherlands, Peru, Switzerland and the United States.

The analysis covers key provisions such as structure, payment and close-out netting positions, termination events, and more, highlighting for attention those often discrete but extremely important local law divergences or additional requirements. This includes, for example, identifying where Automatic Termination Rights are expected, or at least recommended, to be turned on or absolutely should not be; or where netting provisions need to be tweaked to take account of local insolvency law or other restrictions and limitations prescribed by local law.

For a copy of the ISDA Master Agreement Vs Local Law analysis, please contact your local Derivatives team member, or request access:

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Analysis of the ISDA Master Agreement compared with the Swiss Master Agreement is available by way of example only.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.