The Law of Derivatives
By: Simon James
This volume focuses on the legal risks arising in English law in the course of derivatives transactions. It discusses the following issues: the legal risks arising in the negotiation and conduct of derivatives transactions; the regulation of the derivatives market; the capacity to enter into derivatives transactions and the standard term upon which this is done; the consequences of default by a counterparty; and the standard terms on which derivatives are entered into, particularly the ISDA Master Agreement.
AI Overview
"The Law of Derivatives" by Simon James is a comprehensive legal treatise that focuses on the legal risks and regulations associated with derivatives transactions in English law. Here is a detailed overview of the book:
Key Themes
- Legal Risks in Derivatives Transactions: The book extensively covers the legal risks that arise during the negotiation and conduct of derivatives transactions. It delves into the potential pitfalls and liabilities that parties may encounter in these complex financial arrangements.
- Regulation of the Derivatives Market: The author discusses the regulatory framework governing the derivatives market, including the oversight mechanisms and standards that are in place to mitigate risks.
- Capacity to Enter into Derivatives Transactions: The book examines the legal capacity of entities to enter into derivatives transactions, including the standard terms under which such agreements are typically concluded.
- Consequences of Default by a Counterparty: It explores the legal consequences that arise when a counterparty defaults on a derivatives transaction, including the potential remedies available to the non-defaulting party.
- Standard Terms of Derivatives Transactions: The book particularly focuses on the ISDA Master Agreement, which is a standard contract used for over-the-counter derivatives transactions. It explains the key terms and conditions of this agreement and how they impact the legal landscape of derivatives.
Plot Summary
The book does not have a narrative plot but rather a structured approach to discussing the legal aspects of derivatives. It is divided into sections that cover various aspects of derivatives law, making it a reference guide for legal professionals, financial institutions, and anyone involved in the derivatives market.
Critical Reception
While specific reviews are not provided in the search results, the book's reputation can be inferred from its publication by reputable sources like CRC Press and its inclusion in academic and professional libraries. The book's comprehensive nature and focus on a specialized area of law suggest that it is well-regarded within the legal and financial communities.
Author Background
Simon James is a Partner at Clifford Chance, a leading international law firm. His expertise in financial law and derivatives transactions likely contributes to the book's authoritative tone and depth of analysis.
Editions and Availability
The book is available in hardcover and e-book formats. It has been published in 1999 and has since been updated, with the latest edition available on platforms like Google Play Books. The e-book version is priced at $380, making it accessible to a wide range of readers.