However, the United Arab Emirates now has a special federal network law that attempts to address these uncertainties so that market participants know when they are protected (and when they are not) in the event of counterparty bankruptcy. In other words, the applicability of compensation, inclusion compensation and related guarantee agreements is now universally recognized as an “onshore” in the United Arab Emirates. In the first transaction, on a marked market basis (i.e. the current value is applied), Bank B owes 10 monetary units to Bank A as of today. In the second transaction, Bank B owes 5 monetary units to the Y Bank A jurisdiction. In the third transaction between Bank A in Jurisdiction X and Bank B in Court Z, Bank A owes the money units of Bank B 5. From The point of view of Bank A, Bank B owes 10 money units of Bank A to the three transactions on a market basis, while Bank A owes the monetary units of Bank B 5. If the compensation agreement were fully effective in all jurisdictions, Bank B would have to be liable for a net amount of 10 monetary units. Therefore, the issue of master contracts involving parties trading in several jurisdictions could be characterized as a multi-branch issue. Many participants, particularly banks, trade foreign exchange transactions from both their headquarters and branches around the world.
In order to comply with the baselcapital agreement for the recognition of “close-out netting”, a bank is required to obtain legal advice that the captain`s contract in the event of bankruptcy is enforceable in accordance with the laws of the jurisdiction whose law governs the agreement, the courts in which the seats of the parties are located and the jurisdictions in which the branches are subject to the agreement. For U.S.-based banks, it is likely that a U.S. court would recognize, for an agreement subject to U.S. law, a provision that respects the ongoing transactions of the plant and branches; This is an issue that must be consulted in any legal order that is the subject of the inter-professional agreement. Many jurisdictions recognize compensation at the plant level. In other jurisdictions, the law of that jurisdiction may require the non-failing party to pay the branch of the failing party for transactions concerning the branch in which the branch owed money.