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It provides the necessary infrastructure to simplify the negotiation process of the parties and prevent disputes. 2.4.1 Derivatives Derivatives are financial tools that derive their value from an underlying asset. They act as a contract between multiple parties and can be traded over-the- counter (OTC) or through an exchange. OTC derivatives are tailor made for parties that do not want to go through an exchange or need a more flexible, exotic solution than vanilla derivatives. They carry higher counter-party risk and have limited transparency. There are different types of derivatives such as • Options: Used to guarantee the right but not the obligation to buy or sell an asset. • Swaps: Used to exchange cash flows with a counter-party. • Future or Forward contracts: Give the obligation to buy an asset in the future at a pre-specified price. Common vanilla derivatives have been standardized and they have greater liq- uidity. They can be traded through an exchange and there is less risk involved when trading them in comparison to OTC derivatives. As the market progresses and new types of exotic derivatives are used more frequently, they can also become standardized and placed on exchanges. 2.4.2 ISDA Master Agreement The ISDA Master Agreement provides a documentation for the derivatives indus- try, to make the market safer and more efficient for the participants. The Master Agreement is a pre-defined contract that is not to be modified by any of the parties and applies to all the derivatives. It has provisions to 5 main themes: [15] • Events: Contains examples of situations that can affect one of the parties ability to perform its obligations. They can be two kinds of events, each with predefined contractual actions in case of occurrence: [15] – Events of default: Usually occur because one of the parties is unable to fulfill the agreement and is at fault for defaulting. In the ISDA agreement different types of default events are specified, but more can be added later on, if needed, as explained in the following subsection. – Events of termination: In case of termination events, none of the parties is at fault and all the involved participants are considered ’affected parties’. Such events can be Illegalities, Force Majeure events and more. [15] 19PDF Image | NFT finance Leveraging Non-Fungible Tokens
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