Michael Beaton

HM Treasury Consultation - RRP for FMI

This article provides a summary of the HM Treasury consultation document, published on 1 August 2012 and entitled "Financial sector resolution: broadening the regime". The UK Government is reviewing the need to establish a…more
| Finance & Banking

Resolution Planning Under FS12/1: Identifying "non-standard terms" in Derivative Documentation

Feedback Statement 12/1 (“FS 12/1”), published by the FSA in May 2012, provides detailed guidance to firms which are subject to the UK’s recovery and resolution planning rules. In general, FS 12/1 is a superb roadmap document,…more
| Finance & Banking

It's not my (de)fault! Options following counterparty default under the ISDA Master Agreement

This article provides an update of the law regarding section 2(a)(iii) of the ISDA, which makes the obligations of each party to the other subject to the condition precedent that an Event of Default or Potential Event of Default…more
| Finance & Banking

ISDA Master Agreements and the Enforceability of Set-Off Under NY Law

This article provides a summary of recent case law stemming from the collapse of Lehman regarding the enforceability of widely used industry standard set-off clauses within ISDA Master Agreements governed by New York Law. The…more
| Finance & Banking
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