Issue VI, 2009  

CREDIT DEFAULT SWAPS

Small Bang Protocol implements
Auction Settlement following Restructuring

In March of this year, ISDA launched the Big Bang Protocol, specifying standard auction settlement procedures and related terms applicable to credit default swaps transactions. The fundamental components of the auction supplement included standard auction settlement procedures, the creation of Credit Event and Succession Event look back periods, and the establishment of Determinations Committees to make binding determinations with respect to specified conditions and events. More than 2,000 parties have adhered to the Big Bang, and it is widely considered to be a pivotal step forward in derivatives standardization.

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COMMENT

Standardization with Customization
In recent weeks, European and American officials have both called for more regulation of derivatives operations, potentially leading to new legislation later in the year. The EC Communication of July 3 addressed issues such as the use of clearinghouses for OTC derivative trades, shifting trades to exchanges, and the creation of a data warehouse to further raise the transparency of trades. ISDA, of course, looks forward to discussing the ideas in the Communication with the European Commission, and other EU and national regulators. We strongly support a number of the Commission’s goals, including increased transparency.

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OPERATIONS

Governance
ISDA was asked to devise a governance structure for activities in the post-trade arena, recently published on our website. It consists of four layers as follows:

  • Level 1 is the ISDA Industry Governance Committee made up of Board members, OMG Chairs, Product Steering Committee chairs and MFA/AMG nominees. This is the senior business grouping that directs the overall agenda in the post-trade space;
  • Level 2 are the OMG and the individual Product Steering Committees, comprised of business people;
  • Asset class-specifi c operations Implementation Groups are at Level 3;
  • Tactical / detail-driven Working Groups are at Level 4.

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