The selection of arbitration seats and institutions in the arbitration guide was motivated by the preferences of ISDA members. It is therefore likely that further draft arbitration clauses will be included in the guide in the coming years, covering arbitration institutions and additional seats that will be required. Once the principle and practice of international arbitration for financial disputes is accepted, it can only be advantageous to ensure that users have the standard form design that they can use to decide the process with which they are most comfortable. In the meantime, it is obviously open to parties who conclude a master`s degree to opt for other arbitration institutions and seats that are not yet included in the ISDA arbitration guide, when this will require tailor-made development. A review of decisions notified by English courts in recent years shows that the most frequent disputes under the ISDA lead contract include disputes over the ability and power of a party to conclude transactions; Incorrect sales rights Disputes over the suspension of payments; Disputes over closing procedures and the calculation of notices; And disputes related to termination clauses and the validity of dismissals and other dismissals. The court also considered whether the comments in Credit Suisse International v Stichting Vestia Groep  EWHC 3103 (Comm), a case concerning the ISDA Master agreement proposed by TRM, made a general distinction between guarantees and simple seams. Again, the court was not satisfied that this authority was moving things forward, as it was related to Springwell. The 2013 ISDA arbitration guide is likely to be revised in the near future, taking into account the above considerations. The parties must take into account the flexibility required to adapt the arbitration agreement to the transaction and the need for an independent assessment of the adequacy of each arbitration measure prior to its inclusion in the ISDA schedule. On the other hand, many trade parties view the confidentiality of arbitration as a positive attribute (if any) and see no benefit in combating their disputes in public, especially where the dispute involves a party default or raises other sensitive issues. Relevance of an arbitration procedure for the settlement of derivative disputes: TRM also attempted to distinguish Savona on the basis that the inclusion of the hedging requirement in the financing agreement meant that there was overlap between the legal relationships under the financing agreement and the ISDA agreement. As a result, the dispute is a matter of the legal relationship of the financing agreement.
However, the Court of Appeal firmly rejected this argument: TRM argued that the “dispute” on which the bank was based in asserting the application for a negative statement had not been filed in the English court and indicated that TRM had not been able to bring or bring an action in that jurisdiction and that the bank had not been able to do so. determine what claims TRM may make in english court.