The ISDA master agreement is a standardized document created by the ISDA for OTC derivatives transactions. It provides a framework for the terms and conditions for trading OTC derivatives, helping to cut legal and credit risks by establishing consistent documentation across different jurisdictions and many trades.
A master service agreement, sometimes known as a framework agreement, is a contract reached between parties, in which the parties agree to most of the terms that will govern future transactions or future agreements.
Often used by financial service institutions, master transaction agreements highlight specific terms such as credit limits, margin requirements and types of transaction that are to be covered. Most master transaction agreements are standardised and bilateral.
A contract is an agreement, but an agreement is not always a contract. An agreement can be informal or it may be written; a contract may be verbal or written, but a contract will always be enforceable if it contains certain requirements.
Contracts address the specific details of a particular project, transaction, or engagement. Think of the master agreement as the foundation or umbrella under which contracts operate. It sets the general terms, while contracts focus on the specific details and scope of each individual project.
What are contracts and memoranda of agreement? The greatest difference between a contract and a memorandum of agreement is that a contract is a legal document and is enforceable in court, whereas a memorandum of agreement is neither.
At its most basic, an MSA is a contract between two or more parties that establishes what terms and conditions will govern all current and future activities and responsibilities. MSAs are useful because they allow the parties to plan for the future while also speeding the ratification of future agreements.
The master agreement and schedule are the key documents in a derivative transaction which set out the non-commercial terms (eg the standard provisions which form a type of boilerplate) which apply to each trade between two parties.