For the first time ever, a court in France has examined the compatibility of the statutory netting safe harbor with the French Constitution. The French High Court of Justice (Cour de cassation) addressed the preliminary...more
The International Swaps and Derivatives Association (ISDA) is launching and publishing the ISDA U.S. Renewable Energy Certificate Annex (REC Annex) to enable market participants to efficiently sell and purchase renewable...more
The Fédération Bancaire Française ("FBF") published in February 2020, two new sets of documentation to enable users of the FBF market documentation to comply with the requirements of Regulation (EU) 2016/1011 of June 8, 2016,...more
The Situation: In the event of a "hard Brexit," establishing a new contractual framework with EU-based clients will be a protracted and costly task for investment service providers based in London.
The Result: The French...more
The endorsement of Europe's largest asset management association should promote use of the new 2002 ISDA Master Agreement (French law) on the European OTC derivatives market....more
The Situation: English law-governed documents have largely dominated the European swaps and derivatives markets since the landmark ISDA Master Agreement was published in 1987.
The Development: The International Swaps and...more
7/2/2018
/ Brussels Regulation ,
Choice-of-Law ,
Cross-Border ,
Derivatives ,
EU ,
Financial Instruments ,
Foreign Jurisdictions ,
France ,
ISDA ,
ISDA Master Agreement ,
Over The Counter Derivatives (OTC) ,
UK Brexit