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ISDA future-proofs arrangements against uncertainties posed by Brexit

Published on: 09 January 2019
Published by: LexisPSL
  • ISDA future-proofs arrangements against uncertainties posed by Brexit
  • 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. or take a trial to read the full analysis.

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