ISDA has published new French and Irish law versions of the ISDA Master Agreement, adding to the existing suite of English, New York and Japanese law choices.
The new Master Agreements are intended to provide options for those institutions that would prefer to continue trading under a European Union (EU) member-state law with EU court jurisdiction clauses once the UK leaves the EU.
English law may become a third-country law after the UK withdraws from the EU, which means English court decisions would no longer be automatically recognized and enforced across the EU and European Economic Area (EEA). That wouldn’t be the case for French or Irish law court judgements under the new Master Agreements, reducing the steps involved in settling a contractual dispute with an EU/EEA counterparty.
By trading under a French or Irish law Master Agreement, counterparties will also retain certain protections that only apply to agreements governed by an EU/EEA member-state law. For example, some EU national insolvency laws require contracts to be subject to EU/EEA law in order to qualify for safe harbor protections following a bankruptcy.
“An English law Master Agreement won’t become any less valid in the EU post-Brexit, irrespective of the outcome of the Brexit negotiations. There will be good reasons for EU/EEA counterparties to continue using the English law Master Agreement, and there will be good reasons for them to start using the French and Irish law versions. This is all about providing choice to the market and allowing counterparties to choose the option that best suits their needs,” said Katherine Tew Darras, ISDA’s General Counsel.
French and Irish law were selected in order to represent both civil law and common law systems. Both legal frameworks also support the feasibility of ISDA protocols, which allow multiple agreements between adhering parties to be modified in an efficient and scalable way. Alongside publication of the new Master Agreements, ISDA has also updated the relevant netting opinions.
The French and Irish law Master Agreements are available in the ISDA Bookstore.
Documents (1) for ISDA Publishes French and Irish Law Master Agreements
Latest
Paper on Proposal 6 on Margin Transparency
On November 16, ISDA published a document that looked at proposal 6 in the final Basel Committee on Banking Supervision (BCBS), Committee on Payments and Market Infrastructures (CPMI) and International Organization of Securities Commissions (IOSCO) report on margin transparency. Proposal...
Tender Issued for DC Administrator Role
ISDA and the Credit Derivatives Governance Committee have issued an invitation to tender for an independent regulated entity to serve as the administrator for the Credit Derivatives Determinations Committees (DCs), which includes assuming the role of DC secretary. The DC...
ISDA SIMM: The Standard for IM Calculations
The ISDA Standard Initial Margin Model (ISDA SIMM) plays an important role in ensuring margin calculations are consistent, transparent and aligned with global best practices and regulatory requirements. Since its launch in 2016, the model has been rigorously tested, regularly...
ISDA In Review – October 2025
A compendium of links to new documents, research papers, press releases and comment letters published by ISDA in October 2025.
