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
Steps to a Vibrant Derivatives Market: SOM Remarks
Steps to a Vibrant and Resilient Derivatives Market December 4, 2025 Remarks at the Mediterranean Partnership of Securities Regulators Scott O’Malia ISDA Chief Executive Officer Good afternoon and thank you to the Mediterranean Partnership of Securities Regulators (MPSR) for...
ISDA Response to BoE on Gilt Market Resilience
On November 28, ISDA responded to the Bank of England’s discussion paper on gilt market resilience. ISDA encourages the Bank of England, before introducing any significant policy changes that would affect the functioning of the gilt repo market, to consider...
Addressing Termination Troubles
When Enron announced a shock $618 million loss on October 16, 2001, it took a further 47 days until it filed for bankruptcy. For Bear Stearns, it took 266 days between its bailout of a structured credit fund run by...
ISDA In Review – November 2025
A compendium of links to new documents, research papers, press releases and comment letters published by ISDA in November 2025.