Recent ISDA Cases Overview


Recent market volatility has meant that users of the 1992/2002 ISDA Master Agreements ("ISDA MA") have gone to extraordinary lengths to try and curtail their losses. In such times, market participants naturally attempt to side-step contractual obligations on increasingly technical grounds. In this context, claimants are ever more imaginative with their arguments which has in turn led to some interesting results and legal decisions.

There have been a number of cases based on the ISDA MA over the past year both in the UK and in the US. These cases have affirmed traditional ISDA MA jurisprudence but have also provided a few surprises along the way.

In this Client Alert we provide an overview of the key legal principles which can be extracted from five recent noteworthy cases along with a tabular summary in the Appendix which outlines the facts and principles of each case for easy reference.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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