How Does the Choice of Governing Law Affect the CSA’s Enforceability?
The choice of governing law determines the legal framework used to interpret the CSA's terms and, crucially, the enforceability of its netting and collateral provisions. Selecting a robust jurisdiction (like New York or English law) with well-established derivatives law provides greater certainty that the netting and collateral arrangements will be upheld in court, especially in a bankruptcy scenario.