Our authors are experts in their field and include barristers, solicitors, judges, mediators, academics experts from a range of related disciplines.

Ciarán McGonagle

Ciarán McGonagle is Assistant General Counsel at the International Swaps and Derivatives Association (ISDA).

cmcgonagle@isda.org

Articles by author

Translations: creating legally effective smart derivatives contracts

Smart derivatives contracts have the potential to deliver significant efficiency benefits to derivatives market participants. However, automating legal documentation is a specialised task and lawyers have a crucial role to play in ensuring automation is legally and operationally effective. Developing smart derivatives contracts will require lawyers to enhance the levels of standardisation within industry standard contracts and contribute towards the development of legal agreement data models that will serve as the foundation for smart derivatives contracts.

1 SEP 2021

For whom the code tolls: an integrated, modular architecture for smart derivatives contracts

In this article, we dissect the complex interplay between law and technology in the derivatives market and describe an approach for developing modular, smart contracts. We draw parallels between legal prose and programming, advocating for a formalised approach to contract drafting that accommodates smart contract technology. The Common Domain Model is identified as a pivotal tool, providing a standardised representation of contractual terms that ensures clarity and consistency across the industry. Using this standard framework, we demonstrate how to embed traditional contracts within a modular, composable smart contract architecture.

1 JAN 2024