Insolvency Set-off and Netting in Derivatives Transactions. The Need for Harmonisation

      Аннотация: Set-off and netting are at the heart of any derivatives agreement. They aim at reducing the exposures of the counterparties to such transactions. Nevertheless, the efficiency of set-off and netting within insolvency is sometimes affected due to restrictions imposed by some of the insolvency laws of the different jurisdictions. This could lead to unwanted results, such as the collapse of the financial players involved in such transactions, and engender disruptions within national and international economies. This book discusses the issues raised upon insolvency in connection with set-off and netting within derivatives transactions and justifies the necessity of harmonising the rules of insolvency set-off and netting relating to such transactions.

Ключевые слова: international, Banking, Finance, Derivatives, Bankruptcy, set-off, Insolvency, harmonization, comparative, close-out netting