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How Does the Legal Jurisdiction Impact the Enforceability of a Crypto Master Agreement?

The legal jurisdiction is paramount because the enforceability of key provisions, particularly 'close-out netting' and collateral rights, depends on the insolvency laws of that jurisdiction. If a crypto master agreement is governed by the laws of a jurisdiction that does not legally recognize or uphold netting for digital assets, the agreement's risk-reducing features may be nullified in a default scenario, increasing counterparty risk.

Why Is ‘Close-out Netting’ a Critical Feature of the ISDA Agreement?
Differentiate between Illiquidity and Insolvency
How Does an Off-Chain Legal Wrapper Attempt to Solve the Jurisdiction Problem?
Define the ‘Netting’ Principle as It Applies to the ISDA Master Agreement