The Schedule to the ISDA Master Agreement continues to be a routinely and heavily negotiated document. This presents a number of challenges to firms, including:
- Today, firms typically rely on their own customized templates and negotiation guides. These positions may conflict or be incompatible with those maintained by other firms, leading to lengthy contract negotiation and delaying client on-boarding.
- Bespoke provisions may often need to be manually recorded and validated making it difficult to use electronic data capture systems to accurately capture and manage legal agreement data.
- Interoperability between different systems that are designed to capture and monitor different aspects of the contracts – whether for liquidity, credit risk management or netting purposes – are likely to be impeded if contract data is bespoke and not easily tracked across those different systems.
To address these challenges, ISDA has launched a new project – the ISDA Clause Library Project – to identify provisions within the Schedule to the ISDA Master Agreement that may benefit from further standardization.
As part of this project, ISDA will identify opportunities for creating standard form drafting options in respect of these provisions. ISDA believes that the introduction of industry validated clause wording will reduce legal and operational risk, allow for the development of a standard legal agreement data model and will create a foundation for the development of new technologies, such as distributed ledger technology and smart contracts.
This webinar provides an overview of the ISDA Clause Library Project. Read the attached PDF for additional information on the launch of the ISDA Legal Technology Working Group and the ISDA Clause Library Project.
Documents (1) for ISDA Clause Library Project Webinar
Latest
Expanding Legal Agreement Coverage in the CDM
This paper examines the recent extension of the Common Domain Model (CDM)1 to represent two of the most significant, and previously undeveloped, areas of its legal agreement model: umbrella agreements and contract amendments. Umbrella agreements are widely used to document...
ISDA Omnibus Canadian Representation Letter
On September 2, ISDA published the Omnibus Canadian Representation Letter, which combines previously published representation letters drafted to assist firms in compliance with Canadian trade reporting, business conduct, regulatory margin and clearing classification rules. The Omnibus Canadian Letter is designed...
Joint Response on Cross-margining
On August 31, ISDA and FIA submitted a letter to the US Commodity Futures and Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) on the agencies’ joint request for comment on the implementation of portfolio margining and cross-margining...
Accounting for Carbon Credits: Latest Developments
This paper updates and extends the analysis set out in ISDA’s October 2023 paper on accounting for carbon credits. While preserving the original focus on the accounting treatment of voluntary carbon credits (VCCs) and compliance carbon credits (CCCs), it expands...
