Share This Conference

The ISDA Resolution Stay Protocols and the ISDA 2016 Bail-in Article 55 BRRD Protocol

Implementing the New Approaches to Dealer Insolvency

7.5 CLE Credit Hours Available (New York)

Transitional and Nontransitional

 

7.5 CPE Credit Hours Available


Tuesday, May 2, 2017
Global Financial Conference Center
New York

PROGRAM AGENDA

 

8:15 AM

 

Registration and Continental Breakfast

 

 

 

9:00 AM

 

Introduction and Welcoming Remarks

 

 

 

9:05 AM

 

The Financial Crisis and the Development of Special Resolution Regimes

 

 

The experience of the recent financial crisis has led to the development of new legal regimes for addressing the failure of dealers and other global systemically important banks (GSIBs). This panel will highlight some of the concerns from the financial crisis that led to the development of special resolution regimes (SRRs) and some of the common features of SRRs. In particular, this panel will focus on Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and the Federal Deposit Insurance Act (FDIA) in the U.S. and EU SRRs under the Bank Recovery and Resolution Directive (BRRD). It will also cover resolution of a financial entity under the U.S. Bankruptcy Code.

 

 

 

10:15 AM

 

Morning Break

 

 

 

10:30 AM

 

Stays on Early Termination Rights

 

 

A key element of SRRs is the ability to stay early termination rights and other remedies that may arise as a result of resolution. These stays generally apply not just to counterparties of the entity in resolution, but also to counterparties of affiliates of the entity in resolution. This panel will focus on the stays under Title II of the Dodd-Frank Act and the FDIA and compare them to stays under the EU BRRD and other non-US resolution regimes. In addition, the panel will contrast these stays with the safe harbors for early termination rights and other remedies under the US Bankruptcy Code.

 

 

 

11:30 AM

 

Cross-border Recognition of Resolution Powers

 

 

This panel will focus on the challenges that motivated both the ISDA 2016 Bail-in Art 55 BRRD Protocol and ISDA Resolution Stay Protocols – concerns that resolution actions taken under the laws of one jurisdiction will not be respected/enforced by courts in other jurisdictions, particularly with respect to contracts governed by the laws of such other jurisdictions

 

 

 

12:15 PM

 

Luncheon

 

 

 

1:15 PM

 

Contractual Recognition of Bail-in – ISDA 2016 Bail-in Art 55 BRRD Protocol

 

 

This session will focus on the key Article 55 BRRD requirements and the ISDA 2016 Bail-in Art 55 BRRD Protocol, which allows entities to efficiently comply with such requirements.

 

 

 

1:45 PM

 

Contractual Recognition of Stays – The ISDA Resolution Stay Protocols

 

 

This session will examine the Contractual Recognition of Stays in the context of the ISDA Protocols. 

  • ISDA 2015 Universal Resolution Stay Protocol

    This session will contain a high level overview of the development, structure and effect of the ISDA 2015 Universal Resolution Stay Protocol, which enables adherents to opt-in to and recognize stays applicable to their counterparties, regardless of the governing law of their financial contracts and provides a framework for preventing the early termination of contracts based on an affiliate of a counterparty entering proceedings under the US Bankruptcy Code.

  • ISDA Resolution Stay Jurisdictional Modular Protocol

    To expand the contractual approach to cross-border recognition of resolution actions, regulators are introducing requirements for banks to obtain contractual consents and opt-ins from their counterparties under a variety of financial contracts (Stay Regulations). To enable market participants to efficiently comply, ISDA created the ISDA Jurisdictional Modular Protocol. This session provides an overview of the structure of the ISDA Jurisdictional Modular Protocol and adherence mechanics.

 

This session includes detailed information on the following topics:

  • Relationship between the ISDA Resolution Stay Protocols
  • The modular structure and each Jurisdictional Module’s relationship to Stay Regulations
  • Adherence mechanics and ISDA Amend 

 

 

 

3:00 PM

 

Afternoon Break

 

 

 

3:15 PM

 

Stay Regulations and Jurisdictional Modules

 

 

This session provides an overview of the currently enacted Stay Regulations and how the published Jurisdictional Modules enable compliance with these Stay Regulations, including:

  • Scope of contracts covered
  • Scope of entities covered
  • Substantive amendments

 

 

 

3:45 PM

 

Status of Stay Regulations in the United States

 

 

This panel will focus on the applicability of the U.S. regulations to resolutions under Title II of the Dodd-Frank Act and the FDIA, as well as the U.S. Bankruptcy Code.

 

 

 

4:30 PM

 

Panel and Q&A

 

 

This panel session will include an explanation of:

  • Next steps on the ISDA Jurisdictional Modular Protocol, with a particular focus on the United States

  • Creditor perspectives

 

Delegates will have the opportunity to ask questions at the end of this session.

 

 

 

5:15 PM

 

Conference Concludes

 

 


Agenda is subject to change

- REGISTRATION FEE* -
$ 850 U.S. (member) / $ 975 U.S. (non-member)
*The invoice total must be paid in full - registration fees are net of tax and wire transfer fees are not included.

We suggest registering at least two weeks in advance to ensure your seat.

Please click here for the Conference Registration Form.

 

Global Financial Conference Center, 360 Madison Avenue (entrance on 45th Street), 17th Floor, New York, NY 10017 Phone: (212) 901-6000.  Please find a map to the venue here.


 

 

 


For more information regarding conferences or exhibition opportunities, please contact the ISDA conference department

at +1 212-901-6000  or e-mail conferences@isda.org