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About the author | |
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Disclaimer | |
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Acknowledgements | |
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Author's foreword | |
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Introduction | |
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What are derivatives? | |
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Differences between the OTC and exchange-traded derivatives markets | |
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Main products | |
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Size of the global derivatives market | |
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How a deal is done from start to finish | |
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The people involved | |
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The documentation process | |
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The evolution of the ISDA Master Agreement | |
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How ISDA documentation has evolved | |
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Inefficient documentation of trades in the market's early days | |
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The ISDA documentation architecture | |
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The ISDA Master Agreement | |
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The 1992 ISDA Master Agreement | |
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Section by section analysis of the 1992 ISDA Master Agreement | |
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Glossary of most terms in Section 14 | |
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The 2002 ISDA Master Agreement | |
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Evolution of the 2002 ISDA Master Agreement | |
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Section by section analysis of the 2002 ISDA Master Agreement | |
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Glossary of most terms in Section 14 | |
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Analysis of Schedule | |
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What did not make it into the 2002 Agreement | |
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Likely implementation of the 2002 Agreement | |
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Legal issues relating to the ISDA Master Agreement from the European and US perspectives | |
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European perspective | |
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Gaming/wagering | |
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Capacity and UK Local Authority litigation | |
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Credit derivatives | |
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Derivatives and building societies, pension funds and hedge funds | |
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Authority | |
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Suitability | |
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Financial Services and Markets Act 2000 | |
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Enforceability of close-out netting and set off | |
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Cross-border netting on insolvency | |
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ISDA collective legal opinions | |
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Automatic Early Termination | |
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Credit Support | |
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Third party rights | |
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US perspective | |
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Enforcement of New York choice of law | |
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US bankruptcy and banking insolvency law | |
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Non-New York head office of a US counterparty | |
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The Commodity Exchange Act (1974) and the Commodity Futures Modernization Act (2000) | |
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Gaming and bucket-shop laws | |
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Credit issues relating to the ISDA Master Agreement | |
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Downgrade from Cross Default to cross acceleration | |
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Threshold Amount | |
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Credit Event Upon Merger | |
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Addition of Specified Entities | |
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Specified Indebtedness | |
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Set off | |
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Transfers | |
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Political risk | |
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Other credit issues | |
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Pre-signing trade policies | |
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Categories of risk in the Agreement | |
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Using the ISDA Master Agreement to enhance credit protection | |
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The "vanilla ISDA" | |
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Operational issues | |
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Confirmations | |
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Payments | |
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Deliveries | |
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Close-out | |
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Administrative matters | |
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Negotiation of an ISDA Master Agreement Schedule | |
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Sample Schedule | |
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Variants and implications of each provision | |
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Other provisions commonly seen in the market and their implications | |
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Part 6 - FX Transactions and Currency Options | |
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Special provisions for special entities and those sought by US counterparties | |
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Building societies | |
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Investment funds | |
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Hedge funds | |
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Pension funds | |
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Insurance companies | |
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Sovereign entities | |
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Special purpose vehicles for loans | |
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Individuals | |
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US Schedule provisions | |
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New developments | |
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ISDA Amendment: Close-out Amount | |
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ISDA Credit Support Annex Amendments | |
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2002 Master Agreement Protocol | |
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Electronic negotiation of the ISDA Master Agreement | |
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Annexes | |
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Bibliography | |