1 The Modern Role of Arbitration in Banking and Finance

Subject(s):

Banks and cross-border issues — International Swaps and Derivatives Association (ISDA)

The International Swaps and Derivatives Association (ISDA) published its first Arbitration Guide on September 9, 2013 to provide its members with an overview of and guidance on: dispute settlement by arbitration; key features of arbitral procedure and relevant distinctions with litigation in domestic courts; and reasons why ISDA members might consider arbitration for complex product disputes arising under their ISDA Master Agreements. This chapter explores the themes which inspired derivative market interest in the 2013 ISDA Arbitration Guide and, in turn, inspired the collaboration that led to the publication of this volume. In so doing, it draws attention to a much wider range of financial market disputes than just those relating to complex products and the relevance of arbitration to this broader category of disputes about banking and finance.