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Derivatives

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The novelty and complexity of many derivatives transactions should not be underestimated and potential counterparties or investors which do this do so at their peril. There are several features which can be and must be negotiated rather than accepted as being "market standard". We have considerable experience in doing this for both banks and corporates.The collapse of Lehman has highlighted a huge number of legal issues concerning not only esoteric issues but also certain provisions found in almost every single swap agreement. Counterparty risk and its mitigation has become a significant issue for non-bank end users.

We have unparalleled experience acting on a large number of CMBS and CDO issues (acting for issuers and investors) which had interest, equity, credit and other swaps with Lehmans.

We have considerable experience acting for both banks and corporates in negotiating hedging for specific loan interest liabilities and RPI receivables.

We are pre-eminent in property derivatives and freight futures agreements. The use of property derivatives (property linked notes and OTC contracts) as a solution to the renaissance of the European investment property market is being discussed in several contexts.

Our Dispute Resolution, Litigation and Insolvency teams are actively engaged in a variety of derivatives-related issues.

Get in touch

Matthew Kellett

Matthew Kellett

BLP
Partner, Head of Banking

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