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Derivatives Disputes

Litigating and Arbitrating the ISDA Master Agreements

 7.5 CLE Credit Hours Available (New York)

Transitional and Nontransitional Credit


7.5 CPE Credit Hours Available

Thursday, May 25, 2017
Global Financial Conference Center
New York


This conference discusses considerations for market participants in the derivatives markets concerning which dispute resolution mechanism to adopt. If arbitration is chosen, we will discuss how to use the ISDA Arbitration Guide and further drafting considerations beyond the issues covered by the Guide itself. If litigation is chosen, we will discuss various cases from domestic and international litigation involving sell-side and buy-side firms as well as some observations on expert witnesses and enforcement.


8:15 AM


Registration and Continental Breakfast




9:00 AM


Introduction and Welcoming Remarks



Peter Werner, Senior Counsel, ISDA




9:10 AM


ISDA’s work on Dispute Resolution



Peter Werner, Senior Counsel, ISDA




9:30 AM


The ISDA Arbitration Guide: What does it aim at and what does it cover?



Amal Bouchenaki, Counsel, Herbert Smith Freehills LLP




10:00 AM


Further issues to consider in the Arbitration Clause



Issues for discussion will range from multiparty proceedings, optional forum clauses, expedited proceedings and confidentiality to disclosure, interim relief and appeal.



Ank Santens, Partner, White & Case LLP




10:45 AM


Morning Break




11:00 AM


The user perspective: Litigation or arbitration for financial disputes?



Moderator: Peter Werner, Senior Counsel, ISDA

Dickson C. Chin, Partner, Jones Day

Nicholas P. Crowell, Partner, Sidley Austin LLP

Joellen Valentine, Director, Associate General Counsel, Citigroup




12:00 PM


Is there anything special about financial disputes? Enforcement and Expert Witnesses



Jeffrey Golden, Chairman, P.R.I.M.E. Finance Foundation; Member,

3 Hare Court Chambers

Rick Grove, Partner and Chief Executive Officer, Rutter Associates LLC




1:00 PM






2:00 PM


Discussion on Recent Domestic and International Litigation in the OTC Derivatives Market



Cases from the courts of the UK, US and international arbitration will be covered.



Moderator: Yani Martes, Assistant General Counsel, ISDA

Joshua Cohn, Consultant

Steven J. Fink, Litigation Partner, Orrick, Herrington & Sutcliffe LLP

Jeffrey Golden, Chairman, P.R.I.M.E. Finance Foundation; Member,

3 Hare Court Chambers

Rick Grove, Partner and Chief Executive Officer, Rutter Associates LLC




4:00 PM


Afternoon Break




4:15 PM


Sovereign Immunity in Financial Disputes



This session will explore federal and state immunity issues that arise in derivatives disputes in the US.



Stephen Kruft, Global Banking and Markets Legal, HSBC Securities (USA) Inc.

Jeffrey A. Rosenthal, Partner, Cleary Gottlieb Steen & Hamilton LLP




5:00 PM


Conference Concludes


Agenda is subject to change

$ 850 U.S. (member) / $ 975 U.S. (non-member)
*The invoice total must be paid in full - registration fees are net of tax and wire transfer fees are not included.

We suggest registering at least two weeks in advance to ensure your seat.

Please click here for the Conference Registration Form.



Global Financial Conference Center, 360 Madison Avenue (entrance on 45th Street), 17th Floor, New York, NY 10017 Phone: (212) 901-6000.  Please find a map to the venue here.




For more information regarding conferences or exhibition opportunities, please contact the ISDA conference department

at +1 212-901-6000  or e-mail