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Derivatives International Swaps and Derivatives Association

Mayer Brown

ISDA Notices Hub

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The delivery of an effective notice under an English law 1992 or 2002 ISDA Master Agreement is a necessary precursor for the operation of certain key provisions in those contracts, including the designation of an Early...more

Kramer Levin Naftalis & Frankel LLP

ISDA Opens Consultation on Credit Derivatives DC Review – Key Takeaways as Broader Market Considers Commentary and Action

The International Swaps and Derivatives Association, Inc. (ISDA) recently commissioned law firm Linklaters to conduct an independent assessment of the function, governance and membership of the Credit Derivatives...more

Latham & Watkins LLP

ISDA Future Leaders in Derivatives Publishes White Paper on Generative AI

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The white paper examines how generative AI might shape the global derivatives markets, including new opportunities for industry stakeholders. ISDA Future Leaders in Derivatives (IFLD) is a cohort of emerging leaders in...more

Blank Rome LLP

ISDA and Clarus Publish the Final Risk-Free Rate Adoption Indicator

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January 29, 2024, marks the end of an era for the interest rate derivatives (“IRD”) markets, since on this date the International Swaps and Derivatives Association (“ISDA”) and Clarus Financial Technology (“CFT”) published...more

Holland & Knight LLP

ISDA Publishes Standardized Clauses for Sustainability-Linked Derivatives

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The International Swaps and Derivatives Association (ISDA) has published a new ISDA SLD Clause Library (SLD Provisions) containing standardized clauses and definitions for use in sustainability-linked derivatives (SLDs). The...more

Seward & Kissel LLP

ISDA Releases Marshall Islands Netting Opinion

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On December 15, 2023, the International Swaps and Derivatives Association, Inc. (“ISDA”) published its legal opinion (the “ISDA RMI Opinion”) as to the enforceability under the law of the Republic of the Marshall Islands of...more

Blank Rome LLP

Transactional Corner: Cross-Default (Under Specified Transactions?)—Drafting Considerations Related to a “Compound” Event of...

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Background - The governing agreements for a wide range of transactions, from the most basic financing arrangements to the most complex derivatives trading relationships, frequently include a “cross-default” event of...more

Cadwalader, Wickersham & Taft LLP

ISDA Publishes Updated General Disclosure Statement for Transactions

In 2013, the International Swaps and Derivatives Association (“ISDA”) started publishing the General Disclosure Statement for Transactions document (“General Disclosure”) with annexes containing disclosures of risks that are...more

Seward & Kissel LLP

ISDA 2023 Equity Swap – 2021 Definitions Protocol Opened October 30, 2023

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The International Swaps and Derivatives Association (ISDA) opened the ISDA 2023 Equity Swap – 2021 Definitions Protocol (the “Equity Swap Protocol”) on October 30, 2023. The Equity Swap Protocol allows adhering parties to...more

Seward & Kissel LLP

Simply Speaking - October 2023: Marshall Islands Netting Act

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On September 28, 2023, the Nitijela of the Republic of the Marshall Islands (“Nitijela”) during the 44th Constitutional Regular Session, 2023, enacted the Netting Act, 2023 (the “Netting Act”), which was certified by the...more

Morrison & Foerster LLP

ISDA Amendments to Master Agreement Relating to Default Notice Provision and Characterisation of Credit Support Annexes

As a response to member feedback relating to the COVID-19 pandemic and following a period of consultation with its members beginning in 2022, the International Swaps and Derivatives Association (ISDA) has published a number...more

Morrison & Foerster LLP

ISDA Digital Asset Derivatives Update

On 26 January 2023, the International Swaps and Derivatives Association, Inc. (ISDA) published new standard documentation for the trading of digital asset derivatives (the Digital Asset Definitions), and a whitepaper titled...more

Latham & Watkins LLP

ISDA Launches Version 1.0 of Definitions for Digital Asset Derivatives

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The Definitions aim to support the safe and efficient development of the digital asset derivatives market through consistent contractual standards. On January 26, 2023, the International Swaps and Derivatives...more

Goodwin

ISDA Publishes New Digital Asset Definitions, White Paper on Navigating Bankruptcy in Digital Asset Markets

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On January 26, 2023, the International Swaps and Derivatives Association Inc. (ISDA), the leading trade organization for over-the-counter (OTC) derivatives markets, published the ISDA Digital Asset Derivatives Definitions...more

Cadwalader, Wickersham & Taft LLP

ISDA Publishes Digital Asset Derivatives Definitions and Accompanying Whitepaper Addressing Netting and Collateral Issues

On January 26, the International Swaps and Derivatives Association, Inc. (“ISDA”) published the ISDA Digital Asset Derivatives Definitions (the “Definitions”). The Definitions are intended for documenting privately negotiated...more

Hogan Lovells

Continuing or cured? The suspension of swap payments following an event of default may not be unlimited

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The High Court of England and Wales has recently provided welcome clarification around the nature of events of default under derivatives contracts governed by the ISDA Master Agreement, in particular in relation to whether an...more

Holland & Knight LLP

Libor Steaming Toward June 2023 Transition

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The U.S. dollar London Interbank Offered Rate (Libor) publication is scheduled to end by June 30, 2023. With roughly nine months to go as of this writing, parties still have time to make modifications to existing debt...more

Cadwalader, Wickersham & Taft LLP

Priorities for Derivatives Markets from ISDA's Annual General Meeting

The first in-person ISDA annual general meeting (“AGM”) after the COVID-19 pandemic is wrapping up today in Madrid, Spain. This conference follows the Futures Industry Association Law and Compliance (“FIA L&C”) annual...more

Hogan Lovells

2021 ISDA Interest Rate Derivatives Definitions: What end users need to know

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If you trade interest rate derivatives, it is virtually certain that your trade confirmations incorporate the 2006 ISDA Definitions. As market practice and regulation have developed over the past 15 years, the 2006...more

Goodwin

ISDA Publishes Dodd-Frank Security-Based Swap Protocol

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On March 15, 2021, ISDA published the ISDA 2021 Security-Based Swaps (SBS) Top-Up Protocol (the SBS Top-Up Protocol). The SBS Top-Up Protocol enables SBS dealers (SBSDs) and other market participants to comply with certain...more

Cadwalader, Wickersham & Taft LLP

Unwelcome Intrusion: Reckoning with the Impact of Economic Sanctions on Derivatives Transactions

I. A Growing Risk - The United States, along with the United Kingdom and European Union, has increasingly wielded economic sanctions against major commercial actors and financial transactions, sometimes roiling global...more

Latham & Watkins LLP

Using the ISDA IBOR Fallbacks Supplement in Finance-Linked Hedging Transactions

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While a welcome development for parties to derivatives transactions generally, the launch of ISDA’s robust benchmark fallbacks may not be the most appropriate solution for IBOR cessation in finance-linked hedging transactions...more

Holland & Knight LLP

Libor Discontinuation: Update for Floating Rate Borrowers

Holland & Knight LLP on

This alert provides a brief summary of a recent development that may impact borrowers that hedge floating rate debt. ...more

McGuireWoods LLP

Key Date Reminder: ISDA’s IBOR Fallbacks Goes Live

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ISDA’s IBOR Fallbacks Supplement and Protocol came into effect today. These fallbacks, will be incorporated with immediate effect into all new derivatives contracts which incorporate the 2006 ISDA Definitions, and in all...more

Hogan Lovells

Derivatives: The year ahead for U.S. commercial end users, funds, and other financial end users

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With 2020 now behind us, we look forward to the year ahead while noting just one of the many lessons of the past year: the difficulty of prediction. We simplify the task by limiting our focus to five topics in derivatives...more

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