ISDA’s amicus program is another important way that we fulfill our commitment to advocacy on behalf of the industry. ISDA files amicus briefs, known as “friend of the court” briefs, in court cases around the world that raise important policy issues that impact the over the counter derivatives market and market participants.
Because of ISDA’s role in the development of derivatives markets, ISDA is uniquely well positioned to address issues of general importance to the industry. For example, ISDA has filed numerous briefs addressing the interpretation of the safe harbor provisions in the Bankruptcy Code as well as defending ISDA documentation provisions.
ISDA’s amicus program continues to actively monitor litigations that may impact the OTC derivatives market or market participants and we welcome member suggestions for possible participation in cases.
Latest
ISDA Response on Hedge Accounting Guidance
On August 14, ISDA responded to an exposure draft from the Financial Accounting Standards Board (FASB). ISDA broadly supports the FASB’s proposed targeted improvements to hedge accounting, including allowing interest rate hedging of held-to-maturity (HTM) debt securities, recognizing all Secured...
Joint Response to EBA Consultation
On August 12, ISDA and the Association for Financial Markets in Europe (AFME) responded to the European Banking Authority’s discussion paper on certain taxonomy key performance indicators (KPIs) and other aspects of the Disclosures Delegated Act under Article 8 of...
Response to JSCC on Clearing Fund Consolidation
On August 12, ISDA responded to the Japan Securities Clearing Corporation’s (JSCC) consultation on its proposal to consolidate clearing fund consumption, calculation and deposit segmentation across six clearing qualifications under the Financial Instruments and Exchange Act. ISDA members broadly support...
Response on CSDD Guidelines
On August 6, ISDA responded to the European Commission’s (EC) consultation on due diligence guidelines under the Corporate Sustainability Due Diligence Directive (CSDDD). While ISDA acknowledges that model contractual clauses can be a helpful resource for in-scope companies, there are...