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Ordinance on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Ordinance, FinMIO)
Art. 97Dispute resolution
(Art. 108 lit. c FinMIA)
1 The place of jurisdiction and the applicable law for any disputes must be agreed at the latest when an OTC derivatives transaction is concluded.
2 Procedures are to be set out in the agreement:
a.
for the identification, recording and monitoring of disputes in connection with the recognition or valuation of the transaction and the exchange of collateral between the counterparties; the record of the dispute has to encompass at least how long the dispute has been going on for up to that point, the counterparty and the disputed amount;
b.
for the swift resolution of disputes and for a special process for disputes that cannot be resolved within five business days.