Following default under a given ISDA Master Agreement, outstanding derivatives contracts have to be valued in accordance with the applicable provisions for Market Quotation, Loss or Close-out Amount. The interpretation and construction of these clauses is highly complex, in some respects even...

Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative assets and additional rules for the...

The trial of McKesson Canada Corporation v. The Queen commenced in the Tax Court of Canada in Toronto on 17 October 2011 and is expected to take six to seven weeks. This case concerns a related party debt factoring arrangement between McKesson Canada Corporation (McKesson) and McKesson...

This paper considers a recent judgment in the High Court Chancery Division, which clarified how GBP-foreign currency exchange rates were to be determined by the administrators of a firm under the Insolvency Rules. This judgment provides a robust and practical precedent for other cases of...

This LLM research project analyses four topics from the work of derivatives and structured products lawyers. The first topic is the interpretation of standard industry documentation, taking the example of Market Quotation and Loss definitions in 1992 ISDA Master Agreement. The second topic is...

This paper considers recent derivatives mismarking cases from Bacon 1996 and Truelove and Steel 1997 through to Piper 2009 and Montserret 2009. The behavioural, institutional, risk-reward and regulatory drivers of these cases are reviewed as well as associated derivatives mismarking techniques...

This paper considers a paradigm financial markets trades booking and valuation, data subscription and portfolio revaluation system. Traded instruments covered include: spot and forward exchange rates (FX); credit default swaps (CDS); total return swaps (TRS); commodity and bond futures; traded...

This paper considers some economic factors behind the optimal valuation and pricing of annual licenses, practicing certificates and memberships for professionals such as: lawyers and attorneys, doctors, dentists and nurses, architects and engineers, accountants, actuaries, licensed financial...