Derivatives

The Practice

The Finance Group at Arthur Cox is the largest of its kind in Ireland and is constantly at the forefront of developments in finance law and practice. Our practice revolves around four key areas, including asset management and investment funds, banking and other lending transactions, debt capital markets/structured finance and financial regulation. Our finance team is made up of lawyers who are experts in all of these areas. We pride ourselves in offering clients a joined up and integrated approach across practice areas and we excel at advising on transactions which require advice in a number of areas of finance and other areas of law.

Arthur Cox has a market leading derivatives team that advises on the full spectrum of products, markets, participants and transactions involving derivatives.  What differentiates us is that we work closely with clients, understanding their objectives and devising solutions that work for them.

The team combines technical excellence, and an ability to analyse risk and advise on tax and regulatory issues with real experience of insolvency and work out procedures, together with clear thinking on netting and collateral arrangements. The team includes lawyers from our banking, capital markets, financial regulatory and tax groups.

Our experience ranges from vanilla products to commodity, foreign exchange, inflation, index linked, interest rate, credit and equity derivatives as well as repo and stock lending agreements across the range of industry documents including ISDA, GMRA, GMSLA, IFEMA, FOA, TBMA, OSLA with related collateral arrangements to more structured and complex transactions. We act for a wide range of counterpartys including corporates, funds, UCITS, non UCITS, unit trusts, hedge funds, trusts, pension funds, insurance companies, credit institutions, financial institutions, regulated intermediaries, brokers, partnerships, government authorities and individuals.

The Expertise

  • Advising a number of clients in respect of arrangements in place with various Lehman counterparties
  • Providing Irish law opinion to the Futures and Options Association on its netting arrangements
  • Representing a number of financial institutions on derivative transactional and hedging work
  • Preparation of quarterly updates to market leaders in respect of Irish law issues in conducting derivative business in Ireland
  • Substantially reducing a client’s liability to stamp duty utilising stock loans under GMSLAs and OSLAs which resulted in a change in stamp duty law
  • Providing regulatory advice on treatment of derivative products during the current financial market upheaval
  • Advising Irish banks on synthetic securitisations