Memorandum on enforceability of close-out netting in China

With the Chinese Supreme Court’s interpretation of the Enterprise Bankruptcy Law regarding insolvency set ‎off right issued in 2013, China has made great progress toward becoming a netting enforceable jurisdiction. To assist with the analysis of China’s current legal framework and to help with the understanding of what shortfalls to legal certainty still remain, ISDA has commissioned an external counsel to provide an updated netting analysis which is now posted under Legal & Documentation/Opinions section.  Member log-in is required:

http://www2.isda.org/members-portal-transition/netting-collateral-and-clearing-opinions/

For more information, please contact: Keith Noyes – knoyes@isda.org / Jing Gu – jgu@isda.org at ISDA Hong Kong office.

Joint Response on RBA Consultation

On August 11, ISDA and FIA submitted a joint response to the Reserve Bank of Australia (RBA) on its consultation on guidance for Australia’s clearing and settlement facility resolution regime. The associations welcome publication of the draft guidance, which provides...

SwapsInfo H1 2025 and Q2 2025

Interest rate derivatives (IRD) trading activity increased in the first half of 2025, driven by continued interest rate volatility, evolving central bank policy expectations and persistent macroeconomic uncertainty. Trading in index credit derivatives also rose, as market participants responded to...

ISDA Response to IFSCA Consultation

On August 5, ISDA responded to the International Financial Services Centres Authority’s (IFSCA) consultation on reporting and clearing of over-the-counter (OTC) derivatives contracts booked in International Financial Services Centres (IFSC). In the response, ISDA provided the following recommendations: Not mandating...