February 13, 2023
Please note: For further detail regarding the status of netting legislation, please see Appendix D of the 2018 Model Netting act, which can be accessed here.
ISDA, through its various regional Committees, actively promotes netting legislation on a global basis. ISDA is apprised of netting legislation developments through these regional Committees and this list represents those jurisdictions where members have informed ISDA that netting legislation has been adopted. However, this list does not purport to be a comprehensive summary of all jurisdictions globally that may have adopted netting legislation.
|British Virgin Islands||Adopted|
|Channel Islands – Jersey||Adopted|
|Marshall Islands||Under Consideration|
|Qatar||Adopted (QFC regime)|
|Saudi Arabia||Under Consideration|
|United Arab Emirates||Adopted (in the DIFC, ADGM free zones and federal law level)|
|United Kingdom||Adopted *|
* ISDA provides legal opinions for the laws of England & Wales as well as Scotland. As of February 21, 2009, the UK Banking Act introduced a new insolvency law for all UK jurisdictions providing for a special resolution regime for banks and building societies. This includes specific netting legislation for transactions with such counterparties. With regard to most other counterparties the previous regime remains in place. In England, the enforceability of netting is widely accepted without the need for specific statutory recognition. Please refer to the ISDA netting opinions on English and Scots law respectively. For other jurisdictions without specific netting statutes, e.g Turkey, Netherlands, Hong Kong, please refer to the relevant ISDA netting opinions.