Anderson Mori & Tomotsune has a long history of advising clients in the Japanese legal issues relating to derivatives transactions.

The regulatory environment for derivatives is ever-evolving and dynamic, as is the range of products on offer. Our team of derivatives experts is at the forefront of such changes and routinely advises leading market participants on how those changes affect their derivatives platforms and how they might further enhance those platforms in light of other emerging developments.

We provide Japan-law-tailored advice and documentation services of the highest quality in connection with our clients Ederivatives needs and also, as necessary, work closely with leading firms in other major jurisdictions in derivatives transactions.

Anderson Mori & Tomotsune acts for a variety of market participants (such as domestic and international financial institutions, governmental & quasi-governmental entities, and institutional investors such as insurance companies and other business entities) in a wide range of derivatives transactions (including hybrid products and structured finance transactions) and other matters, and we also conduct seminars for market participants on Japanese legal issues and developments in the derivatives field. Below is a brief description of our major practice areas.

We are experts in all aspects of negotiating and drafting ISDA documentation as well as in the Japanese law issues involving not only financial institutions but also governmental & quasi-governmental entities including municipal corporations, trusts, SPCs, other business entities, and non profit organizations. In connection with the bespoke nature of many non-ISDA transactions, we advise in negotiating and drafting the documentation relating to such transactions. We also work with clients to formulate their documentation policies for derivatives transactions.

Anderson Mori & Tomotsune routinely advises clients regarding the structuring of and solicitation and settlement and other Japanese law issues relating to the full range of derivatives products, including credit derivatives, earthquake derivatives, emission allowance transactions, and other derivatives, as well as those relating to hybrid derivatives products, structured finance transactions such as synthetic CDOs, credit-linked notes (CLN), credit-linked loans (CLL), and repackaged notes. We are also experts in advising clients in negotiating and drafting the documentation for such products.

Anderson Mori & Tomotsune has a long history of providing Japanese regulatory advice to market participants relating to derivatives. Anderson Mori & Tomotsune also routinely assists market participants obtain the necessary licenses and approvals for their derivatives platforms, including negotiating with the Japan FSA. We also advise market participants regarding recent regulatory developments in commodities derivatives, real estate derivatives, emission allowance transactions, and other derivative transactions and hybrid products and regarding electronic trading and reconciliation of derivatives transactions and regarding exits from derivatives transactions.

Anderson Mori & Tomotsune acts for market participants in connection with counterparties Edefaults under derivatives transactions and with the enforcement of any relevant security and other interest in any relevant collateral, as well as with the settlement of derivative transactions due to defaults of reference entities. Together with our structuring and documentation expertise and the input of our insolvency experts in cases of transactions that are unsuccessful, we are able to provide Japanese law advice throughout the entire transaction lifecycle.

We advise and represent market participants in connection with their disputes relating to derivatives transactions, whether in court, arbitration, mediation, or via the process under the Japan Securities Dealers Association (JSDA). We also act as third party arbitrators in such disputes.