Financial Law Reform

Financial Law Reform covers a range of legal and legislative developments at global, regional and national level that affect trading in OTC derivatives. It is the ISDA forum that discusses and drafts ISDA submissions on matters ranging from laws on insolvency (netting, set-off, recovery and resolution) and property (collateral) to more general securities law matters as well as a wide range of private international law matters to various national, regional (eg EU) and global (eg UNIDROIT, UNCITRAL, Hague Conference on Private International Law) entities.

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DateTitle / DescriptionDocuments
March 27, 2015
Over-the-Counter Derivatives Regulation in Canada: Derivatives Trading Facilities
ISDA provides comments on the Canadian Consultation Report that sets out principles for developing a regulatory framework for centralized trading of certain derivatives.
February 5, 2015
ISDA response to EBA consultation on contractual recognition of bail-in in bank resolution
On February 5, ISDA responded to the European Banking Authority’s consultation paper on draft Regulatory Technical Standards on the contractual recognition of write-down and conversion powers under Article 55(3) of the Bank Recovery and Resolution Directive (BRRD) (EBA/CP/2014/33).
December 1, 2014
ISDA response to FSB consultation on the cross-border recognition of resolution actions
ISDA response to the FSB consultation launched 29 September 2014
ISDA Response - FSB Consultation on Cross-border recognition of resoluti....pdf
October 1, 2014
ISDA responses to UK consultations on the implementation of BRRD
ISDA responded to the three British consultation documents as published by HMT, PRA and FCA, respectively
UK_BRRD_FCA_ISDA_response_Oct14.pdf UK_BRRD_PRA_ConsultResp_ISDA_Sep14.pdf UK_HMT_ISDA_response_BRRD_transposition_Sep14.pdf
September 2, 2014
ISDA letter to National Bank of Romania re. EU Bank Recovery and Resolution Directive
On September 2, ISDA wrote to the National Bank of Romania (NBR) to highlight certain issues in the context of the local implementation of the EU Bank Recovery and Resolution Directive (BRRD) in light of the recently amended netting legislation in Romania. These observations take into account the ISDA briefing note (see entry below) on Art.77(1) BRRD that is intended to assist EU member states in implementing the relevant provisions of that directive.
RO_NBR_ ISDALetter_BRRD_Aug14_v1_FINAL_Combined.pdf
August 13, 2014
ISDA briefing note for EU Member States re Art.77(1) BRRD
Article 77(1) of the Bank Recovery and Resolution Directive (BRRD) requires Member States to ensure that there is “appropriate protection” for title transfer financial collateral arrangements and set off and netting arrangements in a resolution measure undertaken by national authorities when exercising partial property transfer and contractual modification powers. ISDA has prepared a briefing note to assist EU Member States in implementing this important creditor safeguard under the BRRD.
EU_BRRD_ ISDA_Briefing_Note_Art_77_Aug14.pdf
May 9, 2014
ISDA response to UK HMT on bail-in powers implementation
ISDA response to UK HM Treasury consultation on bail-in powers implementation (including draft secondary legislation)
March 31, 2014
ISDA response to Swiss draft bill on financial market infrastructure (FINFRAG) – submitted in German
ISDA response to the draft Swiss FMI act/FINFRAG. The draft FINFRAG bill intends to underpin and consolidate some of the provisions in the FINMA regulation, and covers a number of issues regarding bank insolvency, as well as new requirements on central clearing and trade reporting.
October 31, 2013
ISDA Response to Consultation on the Assessment Methodology of FSB Key Attributes of Effective Resolution Regimes
ISDA reponse to the Secretariat to the Financial Stability Board (FSB) Consultation on the Assessment Methodology of FSB Key Attributes of Effective Resolution Regimes with particular focus on Question 3 of the Consultative Document on netting and collateral arrangements that are key to credit risk mitigation in the derivatives markets.
FSB_ KA_AssessmentMethodology_ISDA_response_Oct13.pdf
September 9, 2013
ISDA Publishes the 2013 ISDA Arbitration Guide
The 2013 ISDA Arbitration Guide provides guidance on the use of an arbitration clause with the 1992 and 2002 versions of the ISDA Master Agreement. It includes a range of model arbitration clauses covering a number of institutions and seats of arbitration around the globe. The Guide is supplemental to ISDA User’s Guide and amends Section 13 of the ISDA Master Agreement. It provides the first comprehensive set of ISDA model arbitration provisions and can be used worldwide.
ISDA_Arbitration_Guide_Final_09.09.13.pdf ISDA publishes model arbitration clauses for Master Agreements.pdf