News & Analysis as of

International Swaps and Derivatives Association Banking Sector

A&O Shearman

Arbitration clause triumphs over Russian court proceedings

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In the latest anti-suit case relating to Russia, the English High Court has made permanent an anti-suit injunction (ASI) and anti-enforcement injunction (AEI) preventing a Russian bank from pursuing litigation in Russia in...more

Ballard Spahr LLP

LIBOR to Survive Until September 30, 2024

Ballard Spahr LLP on

Summary - The UK Financial Conduct Authority (FCA) recently announced the results of its November 2022 consultation on synthetic USD LIBOR. In line with the FCA consultation, USD LIBOR will continue to be published by the...more

Hogan Lovells

Beware the Ides of March – practical considerations if your bank is failing

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Everybody knows that, logically, banks can fail. Few expect them to. Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on 10 March 2023, and the Federal Deposit Insurance Corporation (FDIC) appointed as...more

Morrison & Foerster LLP

High Court Rules that ISDA Bankruptcy-Related Events of Default Can Be Cured in Lehman Case

In Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor (Re Lehman Brothers International (Europe)) [2022] EWHC 2532 (Ch), the English High Court ruled on an application for directions (the “Application”) made by the...more

A&O Shearman

WIBOR replacement

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WIBOR is coming to an end. As we reported in our first WIBOR replacement newsletter, work on replacing WIBOR with an alternative benchmark started earlier this year. On 28 September 2022 the national working group for the...more

A&O Shearman

Zastąpienie wskaźnika WIBOR

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WIBOR is coming to an end. As we reported in our first WIBOR replacement newsletter, work on replacing WIBOR with an alternative benchmark started earlier this year. On 28 September 2022 the national working group for the...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

Latham & Watkins LLP

FCA Confirms Dates for Cessation of LIBOR Benchmarks

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On 5 March 2021, the UK’s Financial Conduct Authority (FCA) formally announced the dates for the cessation of all London Interbank Offered Rate (LIBOR) benchmark settings currently published by ICE Benchmark Administration...more

White & Case LLP

Announcements Trigger LIBOR Fallback Provisions: What That Means for the US Syndicated Loans and Derivatives Markets

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Recent statements by LIBOR authorities in the UK have implications for benchmark fallbacks in US documents. The UK’s Financial Conduct Authority ("FCA") and ICE Benchmark Administration ("IBA") released statements1 on...more

BCLP

Watch Out For Basis Risk - Preparing and Executing LIBOR Transition in UK PPP, Infrastructure: Government Publishes Guidance

BCLP on

The Infrastructure Projects Authority (“IPA”) recently published guidance on LIBOR transition and key considerations for both UK PFI/PPP contractors and their financiers in respect of active LIBOR transition. Whilst this...more

Eversheds Sutherland (US) LLP

FCA announcement triggers LIBOR endgame

On 5 March 2021, the UK Financial Conduct Authority (FCA) and the administrator of LIBOR, ICE Benchmark Administration (IBA) each made important announcements for parties to instruments or other contracts referencing LIBOR. ...more

McGuireWoods LLP

Mark the Date: Important Announcements by IBA, FCA and ISDA

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March 5, 2021 marks an important day in the LIBOR transition process as the ICE Benchmark Administration (IBA), UK Financial Conduct Authority (FCA) and ISDA made important announcements on the cessation of LIBOR. In recent...more

Adler Pollock & Sheehan P.C.

The LIBOR Phase-Out: What Borrowers Should Know Now

The London Interbank Offered Rate (“LIBOR”) is a benchmark interest rate index used in setting the interest rate for many variable-rate loans and other financial obligations. LIBOR is currently set to be phased out in...more

Holland & Knight LLP

Libor Discontinuation: Update for Floating Rate Borrowers

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

A&O Shearman

Key Regulatory Topics: Weekly Update 23 Dec - 7 Jan 2020

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FCA and PRA on passporting in and out of Gibraltar after the transition period - On 31 December, the FCA published a new webpage on Gibraltar passporting arrangements, with the PRA publishing its respective webpage on 4...more

McGuireWoods LLP

UK Working Group Publishes Paper on Credit Adjustment Spread Methodologies

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With the end of LIBOR drawing closer, the FCA, Bank of England and the Working Group on Sterling Risk-Free Reference Rates (the Working Group) are encouraging market participants to actively transition from referencing LIBOR...more

Eversheds Sutherland (US) LLP

IBA announces consultation on extension of LIBOR transition deadline to end of June 2023

On November 30, 2020, Intercontinental Exchange, Inc. (ICE) announced that the ICE Benchmark Administration Limited (IBA), a wholly-owned subsidiary of ICE and the administrator of LIBOR, will consult in early December 2020...more

McGuireWoods LLP

“Leave the World Behind” - ISDA Publishes 2020 IBOR Fallbacks Supplement and Protocol

McGuireWoods LLP on

On October 23, 2020, ISDA published its long-awaited IBOR Fallbacks Supplement to the 2006 ISDA Definitions (the Supplement) and Protocol. The publication is a result of years of consultations with regulators and market...more

Skadden, Arps, Slate, Meagher & Flom LLP

ISDA Publishes Supplement and Protocol for Transition From IBOR to Alternative Benchmark Rates

On October 23, 2020, the International Swaps and Derivatives Association (ISDA) published its long-awaited IBOR Fallbacks Supplement (Supplement) and IBOR Fallbacks Protocol (Protocol), marking a major milestone in the effort...more

Jones Day

ISDA's IBOR Supplement and Protocol: Background, Operation, Prognosis

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The International Swaps and Derivatives Association, Inc. ("ISDA") has finally published its long-awaited "Amendments to the 2006 ISDA Definitions to include new IBOR fallbacks" ("IBOR Supplement") and accompanying "protocol"...more

Goodwin

OCC Finalizes “True Lender” Rule

Goodwin on

In the News. The Office of the Comptroller of the Currency (OCC) finalized its “true lender” rule, which establishes that a national bank or federal savings association (bank) is the “true lender” of a loan if, as of the...more

Holland & Knight LLP

A Closer Look at ISDA's New 2020 IBOR Fallbacks Protocol and Amendments to 2006 Definitions

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The International Swaps and Derivatives Association Inc. (ISDA) has published its long-awaited 2020 IBOR Fallbacks Protocol (the Protocol) and related Amendments to the 2006 ISDA Definitions (the Amendments). These documents,...more

A&O Shearman

International Swaps and Derivatives Association Letter on Timing of ISDA IBOR Fallbacks Protocol

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The International Swaps and Derivatives Association has written to the Co-Chairs of the Financial Stability Board Official Sector Steering Group seeking input on its proposed timing for the launch of its IBOR Fallbacks...more

Jones Day

Back to the Well: ARRC Seeks Market Input on Simplifying Spread Adjustment Calculation

Jones Day on

The Development: The Alternative Reference Rates Committee ("ARRC") announced the results of its market consultation on the "spread adjustment" calculation for the LIBOR/SOFR transition on May 6, 2020, but found it necessary...more

A&O Shearman

Revised ISDA 2006 Definitions Implementing Pre-Cessation Fallbacks Expected in July 2020

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The International Swaps and Derivatives Association has published a summary, prepared by the Brattle group, of the responses to the ISDA 2020 consultation on how to implement pre-cessation fallbacks in derivatives....more

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