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ISDA future-proofs arrangements against uncertainties posed by Brexit

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Published on: 09 January 2019

Published by a LexisNexis Banking & Finance expert

Table of contents

Why did ISDA publish credit support documents governed by Irish and French law?
Concerns deriving from Article 55 of the EU Bank Recovery and Resolution Directive 2014/59/EU
Concerns deriving from Article 46(6) of Regulation (EU) No 600/2014
How are they similar to, and different from, the English law credit support annex?
Do these credit support documents assist with facilitating compliance of regulatory initial margin regimes?
What will be ISDA’s next step?
What has the market’s reaction been to this publication?

Article summary

Banking & Finance analysis: Judith Lawless, partner at McCann FitzGerald in Dublin, explains how the International Swaps and Derivatives Association’s (ISDA) publication of Irish and French law governed credit support documents is part of a broader ISDA initiative responding to member demand for documentation governed by the laws of an EU Member State.

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