Amicus Briefs

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.

Response to EC Consultation on MICA Review

On September 29, ISDA responded to the European Commission’s (EC) targeted consultation on the review of the Markets in Crypto-Assets Regulation (MICA). ISDA’s response focuses on tokenization in over-the-counter derivatives and collateral markets. It argues that tokenized collateral can enable...

2026 FX Definitions: Act Now

On November 22, 2027, the 2026 FX Definitions will come into effect. From that point, these definitions will become the market standard for all cleared and new non-cleared FX derivatives, and the Swift messaging service will halt its support of...