🏦 Sector Bench · UNIONE™
Banking, Finance & Capital Markets
Financial disputes move at the speed of markets. When close-out netting is the issue, the time between notice and enforcement is measured in hours. Prevention must be structural.
ISDA Master Agreement
LMA Documentation
DIFC / ADGM
Close-out Netting
UCP 600
Syndicated Loans
USD 6.7B
estimated annual value of financial services disputes in international arbitration
18 months
average time from notice to final award in banking and finance arbitration
11
major financial centres covered by specific UNIONE™ ERR enforcement practice
ISDA 1992 & 2002 · Full suite coverage
LMA leveraged & investment grade facilities
DIFC & ADGM common law framework
ICC UCP 600 & URDG 758
Close-out netting enforceability analysis
Fund documentation · LP/GP disputes
ISDA 1992 & 2002 · Full suite coverage
LMA leveraged & investment grade facilities
DIFC & ADGM common law framework
🏦 Common Dispute Types
What Finance Fellows handle.
The UNIONE™ Finance bench is built for practitioners with genuine sector depth - not generalists with a passing familiarity with the standard forms.
Syndicated Loan Disputes
Event of default, acceleration, lender liability, agent liability, and intercreditor disputes under LMA standard documentation.
Derivatives & ISDA Close-Out
Close-out netting valuation, credit support, regulatory margin, and SOFR transition disputes under ISDA Master Agreements.
Trade Finance & Documentary Credit
LC and standby LC disputes, guarantee payment disputes, and fraud exceptions under UCP 600 and URDG 758.
Investment Management & Mandate
Breach of mandate, suitability, performance fee disputes, and fiduciary duty claims.
PE & Fund Disputes
Management fee, carried interest, LP/GP disputes, LPAC authority, and fund documentation.
M&A & W&I Disputes
Completion account disputes, earn-out disagreements, W&I insurance trigger events, and MAC disputes.
Prevention First · Arbitration Last
The right instrument
for every stage.
Every UNIONE™ engagement begins with prevention. Arbitration is always the last resort.
Prevention
DPC - Clause Integrity & Close-Out Analysis
Financial DPCs focus specifically on: clause integrity of the dispute resolution mechanism against the specific financial instrument; ISDA close-out netting enforceability across all relevant jurisdictions; and sanctions and regulatory change monitoring throughout the facility term.
Clause integrity review. ISDA close-out netting enforceability map. Quarterly regulatory monitoring.
Evaluation
Neutral Evaluation - Financial Instruments
Independent assessment of close-out valuation disputes, mandate breach claims, completion account positions, and fund documentation interpretation. Financial lawyers and former bankers on the bench.
7-12 business days. Financial lawyer or former banker. Without-prejudice.
Expert Determination
Valuation & Technical Financial Questions
Binding determination of NAV calculations, completion account methodologies, earn-out metrics, and derivative close-out valuations.
Binding under contract. 4-8 weeks. Accountant, actuary, or financial lawyer.
Arbitration
UNIONE™ Arbitration · Rules v3.0
Finance-specialist tribunal in 15 days. ERR includes close-out netting enforceability review and sovereign immunity assessment. Enhanced confidentiality provisions in Rules v3.0 protect sensitive financial information.
Finance bench. Enhanced confidentiality. Close-out netting ERR. Rules v3.0.
DPC in Finance Contracts
Prevention built into the contract.
Not retrofitted after the dispute.
The DPC Standard v1.0 applies across all commercial contract types. In finance contracts, specific checkpoints carry particular weight.
DPC Fees - Finance Contracts
Standard (to USD 10M): USD 2,500–5,000 + USD 1,200–2,400 p.a.
Advanced (to USD 100M): USD 8,000–18,000 + USD 4,800–9,600 p.a.
Complex (USD 100M+): From USD 25,000 - assessed individually
Advanced (to USD 100M): USD 8,000–18,000 + USD 4,800–9,600 p.a.
Complex (USD 100M+): From USD 25,000 - assessed individually
Contract Frameworks
Standards covered.
UNIONE™ Finance Fellows hold demonstrable experience with the following standard frameworks.
ISDA Master Agreement (1992 & 2002)
LMA Leveraged & Investment Grade Facilities
DIFC & ADGM Courts Framework
ICC UCP 600 & URDG 758
AIFMD & UCITS Fund Documentation
EMIR & Dodd-Frank Regulatory Framework
ERR · Enforcement Readiness Review
ERR jurisdictions - Finance.
The UNIONE™ ERR reviews enforceability across all relevant jurisdictions before every final award.
ERR Coverage · Finance
England & WalesFull enforcement - ISDA confirmed
New YorkFull enforcement - ISDA close-out confirmed
DIFC / ADGMFull enforcement
SingaporeFull enforcement
LuxembourgFull enforcement - fund structures
Cayman IslandsRecognition - conditions apply
Coverage across 170+ jurisdictions. Updated quarterly by the UNIONE™ ERR team.
Who This Bench Serves
The full finance
dispute ecosystem.
UNIONE™ provides the institutional framework and the Fellows who carry it out. The same Fellow who monitors the DPC can be appointed to the tribunal - continuity no other institution offers.
Global Banks & Financial Institutions
DPC on complex cross-border facilities. ERR before any award in restricted or emerging jurisdictions.
Asset Managers & Funds
Standing Neutral for LP/GP disputes and mandate breach prevention.
Corporate Treasuries
DPC on ISDA arrangements and trade finance facilities - prevention at the instrument level.
Private Credit & Direct Lenders
DPC on bespoke facilities where LMA documentation is modified or absent.
Private Equity Houses
DPC on fund documentation and portfolio company loan documents.
Insolvency Practitioners
ERR for cross-border insolvency-related arbitration - enforcement planning before the claim is filed.
Join the Finance Bench
What the Finance bench requires.
A four-stage review of specialism, independence, and practice alignment. Not a minimum appointment count or a relationship with a prior institution. Practitioners at all career stages are welcome.
Q
Qualification. Law, finance, economics, accounting, or actuarial qualification.
E
Experience. 8+ years in financial services disputes, banking litigation, or financial regulation.
S
Sector Knowledge. Demonstrable experience with ISDA, LMA, or equivalent financial market documentation.
S
Specialism. Cross-border enforcement experience for financial judgments or awards in at least two jurisdictions.
I
Independence. Ability to maintain independence where a party may be a former employer or regulated entity.
All Sector Benches