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© 2026 Bartosz Jagodziński

A boutique law firm specialising in regulatory matters in the areas of derivatives, banking, and capital markets.

Permanent ISDA Counsel 25 years of experience Everything about derivatives
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Abstract legal concept
Bartosz Jagodziński
Bartosz Jagodziński

Experience Verified by the Market

I am an attorney-at-law (radca prawny) with unrivalled experience on the Polish market in legal matters relating to derivatives. Through my work at an international law firm in Warsaw and London over more than 25 years, I have advised most of the domestic and international banks and financial institutions operating in Poland on derivatives-related issues. I also advise banking clients, businesses, public institutions and the leading domestic and international industry associations. Among other roles, I am the permanent counsel to the International Swaps and Derivatives Association, Inc. (ISDA) in Poland and the author of all ISDA opinions for the Polish market. For well over a decade I have been regularly recognised in the Chambers & Partners and IFLR1000 rankings. I am the author or co-author of a number of publications on legal issues relating to derivatives.

Derivatives

Derivatives are the priority area of my legal practice. I offer comprehensive support on all related matters for banks, financial institutions and businesses.

Regulatory Advisory

I have experience unique on the Polish market in regulatory matters concerning banking and trading in financial instruments, in particular capital requirements, clearing, the EMIR, BRRD and MiFID regulations, as well as securitisation and covered bonds.

Specialisations

Areas of Practice

Understanding market mechanisms and business risks allows me to deliver legal solutions that effectively support financial activities in a complex regulatory environment.

Legal practice concept

I know every type of documentation for derivatives transactions available on the market. I am the author or co-author of successive Polish Bank Association (ZBP) documentation templates, including the 2003 Master Agreement, the 2011 Master Agreement, the 2017 Collateral Agreement and the 2018 Initial Margin Agreement. I have unrivalled experience on the Polish market in negotiating ISDA documentation, including for hedging transactions related to the financing of all types of assets.

I advise on both OTC (over-the-counter) transactions and transactions concluded on regulated markets, across all asset classes (interest rates, currencies, securities, commodities, energy, emission allowances, credit risk). I carry out legal and regulatory analyses concerning, among others, the requirements of EMIR, CRR and BRRD, the implementation of MiFID, and the benchmark reform.

I prepare legal opinions on the enforceability of netting in respect of derivatives transactions and collateral. I conduct audits of banks' documentation and internal regulations, and prepare opinions and reports on the compliance of documentation provisions with regulatory requirements. I have the most extensive experience on the market in preparing legal opinions on whether documentation meets the requirements of the CRR, so that it is recognised by the Polish Financial Supervision Authority (KNF) and exposures from derivatives transactions can be calculated on a net basis.

I advise on transactions subject to clearing at European clearing houses, including in connection with clearing documentation and the CRR requirements on own funds for such transactions.

I support clients in analysing whether derivatives collateral documentation complies with EMIR and Regulation 2016/2251. I negotiate documentation for variation margin (including the collateral agreement and the ISDA Credit Support Annex for Variation Margin (VM)) and for initial margin (including the initial margin agreement, the ISDA Euroclear/Clearstream Collateral Transfer Agreement and the ISDA Euroclear/Clearstream Security Agreement).

I advise on repo and buy-sell back transactions and on Global Master Repurchase Agreement documentation. I am the author of the legal opinion for the Polish market, prepared for the International Capital Market Association, on the enforceability of netting of repo and buy-sell back transactions.

I deliver training on derivatives as well as dedicated workshops on negotiating derivatives documentation for banks, financial institutions and corporate clients.

Experience

Transaction Experience

Examples of transaction advisory work from the last three years

Patronage & Passion

Art & Figurative Sculpture

Apart from practising law, I also support the most outstanding artist-sculptor couple in Poland, specialising in figurative sculpture – Aneta and Maciej Jagodzińscy-Jagenmeer (and I am honoured to be Maciej’s brother).

Jagenmeer Sculpture Studio creates unique bronze sculptural forms, combining the craftsmanship of the classical academic tradition with expressive, modern spatial expression. The artists' figurative sculptures can be seen in public spaces, including in Warsaw, Wrocław, Gdańsk, Toruń, Gdynia, Łódź and Opole. Their works are also found in private and institutional collections in Poland and abroad.

Figurative Form — Jagenmeer Studio

Figurative Form

Patinated bronze

The Jumper — Jagenmeer Studio

The Jumper

Dynamic composition

Bach — Jagenmeer Studio

Bach

Classic casting technique

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