The Way Forward For Sustainability-linked Derivatives

With the growth of sustainable investing, there is emerging demand for derivatives products that are linked to environmental, social and governance (ESG) goals. Although a nascent market, these products – sustainability-linked derivatives (SLDs) – have the potential to contribute to the green transition.

Since the first SLD was executed in August 2019, an increasing number of market participants have expressed an interest in transacting these derivatives. SLDs embed or create a sustainability-linked cashflow using key performance indicators (KPIs) designed to monitor compliance with ESG targets. In simple terms, they are typical derivatives transactions with an ESG add-on that affects payment flows. These transactions are highly customizable and the KPIs can range from emissions reductions to renewable energy capacity.

In response to the growing focus on these products and the likely acceleration of ESG-related financial transactions, ISDA has published several SLD papers, including one that sets out best practices for drafting KPIs to ensure legal certainty and enforceability. Others examine the potential regulatory treatment of SLDs under the derivatives regulatory regimes of key jurisdictions. These papers generated interest among ISDA’s membership for the development of certain standardized terms and contractual provisions related to SLDs to improve trading efficiency.

In April 2022, ISDA launched a survey to assess the current state of SLD documentation. The survey was made available to both ISDA members and non-members. Sixty-nine respondents indicated they engaged in SLD transactions. The results and analysis in this paper are based on the information provided by these respondents.

This report summarizes responses relating to: (i) SLD structure and defining KPIs for ESG targets; (ii) achieving the ESG target, including payment, sustainability premium and non-payment; (iii) early termination of the underlying derivatives transaction; (iv) contractual provisions involving third-party verification entities; and (v) contractual provisions related to ESG rating entities. The paper then proposes a path forward for standard SLD documentation that aims to strike an appropriate balance between enhancing trading efficiency and maintaining the ability to tailor transactions to meet specific sustainability objectives.

Read the full survey by clicking on the attached PDF.

Documents (1) for The Way Forward For Sustainability-linked Derivatives

A Path to Greater CFTC-SEC Alignment

Earlier this week, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) held a roundtable on regulatory harmonization – an initiative we wholeheartedly support. The US regulatory framework has evolved over time to facilitate financial markets...

Working Towards Tokenized Collateral

One of the lessons learned from recent market shocks – including the 2020 dash for cash and the UK gilt market crisis in 2022 – is that when volatility strikes and market participants must suddenly generate large amounts of cash...

IQ Interview Yazeed Alnafjan

ISDA published new legal opinions in June that recognise the enforceability of close-out netting in Saudi Arabia under regulations published by the Saudi Central Bank earlier this year. In this interview with IQ, Yazeed Alnafjan, the central bank’s deputy governor...