ISDA®
INTERNATIONAL
SWAPS AND DERIVATIVES ASSOCIATION, INC
NEWS RELEASE
For Immediate Release Thursday, June 28, 2007
For More Information, Please Contact:
Louise Marshall, ISDA New York, 212-901-6014, lmarshall@isda.org
ISDA Meets to
Discuss Proposed CDS on ABS Language
Over 100 investors and
dealers attended the meeting. The possibility that sellers could attempt to manipulate
these products to their economic advantage was articulated, but the universal
view was that firms are committed to the integrity of the market and that fraud
and manipulation are unacceptable. Furthermore, other investors expressed the
view that it would not be possible or fruitful to attempt to define by contract
specific forms of fraud or manipulation. These are fact-specific determinations
and existing legal prohibitions were specifically designed to deter a broad
range of misconduct that constitutes fraud or manipulation. In addition, it was
noted that further proposed restrictions in the documentation would
artificially inhibit legitimate market activity, favoring the position of one
side of the market at the expense of the other, and would therefore not be
prudent.
The integrity of these new
instruments depends on transparency and market participants' lawful conduct. Based
on discussions at the meeting, the consensus view was that current ISDA
documentation preserves existing legal protections against fraud and
manipulation and in no way endorses or is permissive of illegal conduct. The
ISDA documentation also preserves the balance between the rights of buyers and
sellers of these products, as well as the rights of entities that service the
underlying securities.
ISDA recognizes that
successful markets depend on rules of engagement that are not only fair but are
perceived to be fair and that engender the confidence of all market
participants. To this end, ISDA has in previous years published a series of
principles for the guidance of market participants in the conduct of their credit
derivatives business. These principles set forth good practice and underscore
the critical importance of market integrity to the industry, an approach that
was echoed unanimously at the meeting. Based on discussions at the meeting, it
was agreed that a similar statement of principles would be developed over the
course of the coming months.
About
ISDA
ISDA,
which represents participants in the privately negotiated derivatives industry,
is among the world’s largest global financial trade associations as measured by
number of member firms. ISDA was chartered in 1985, and today has approximately
800 member institutions from 54 countries on six continents. These members
include most of the world's major institutions that deal in privately
negotiated derivatives, as well as many of the businesses, governmental
entities and other end users that rely on over-the-counter derivatives to
manage efficiently the financial market risks inherent in their core economic
activities. Information about ISDA and its activities is available on the
Association's web site: www.isda.org.
®ISDA is a registered trademark of the International Swaps
& Derivatives Association, Inc.