May 24, 2000.
Mr Justice Moore-Bick at the High Court in London gave judgment in the above case on 18th May, 2000 in favour of Peregrine. The Judge’s decisions on the issues before him, and his reasoning for those decisions, raise potentially serious issues in relation to the valuation and close out mechanics of the 1992 ISDA Master Agreement (the “Agreement”). This case was presented to the Court by Peregrine as being “in the nature of a test case” regarding “fundamental provisions” of the Agreement. Peregrine has now presented the judgment as “the test case in respect of the ISDA valuation issue”, although it seems unlikely that other potentially affected counterparties and ISDA users would have accepted that the highly unusual. facts of this particular case were an appropriate basis for a decision on the interpretation of the Agreement generally. Whatever label is put on it, this case only determines the position (subject to any possible appeal) between the two actual parties to the case, Peregrine and Robinson. It should be noted that ISDA itself was not a party to the case, was never invited to express its views or to make representations to the Court on these issues and did not do so.
Documents (1) for Allen & Overy. Memorandum to ISDA Members – Peregrine Fixed Income Limited v Robinson Department Store Public Company Limited.
Latest
US Treasury Repo Clearing Indicators June 2026
The ISDA-Actrix US Treasury Repo Market Clearing Indicators illustrate central clearing adoption in the US Treasury repo market. Sponsored cleared repo volumes are used as a proxy to monitor client participation in central clearing, a key objective of the Securities...
An Important Step Towards Efficient Reporting
Of all the problems that have hindered effective trade reporting in the derivatives market, one of the most difficult to resolve has been duplication. In the EU, both parties to a trade are mandated to submit the same information, while...
The ISDA Notices Hub: One Year On
In times of war, armed forces are often required to mobilize over large distances at short notice. The most dreaded response to the question of how they are to be transported is ‘by LPC’, meaning ‘leather personnel carrier’ – the...
ISDA Response to OSC Call for Feedback
On June 26, ISDA responded to the Ontario Securities Commission’s (OSC) consultation on facilitating access to its regulatory framework and reducing the burden for capital markets participants by publishing a machine-readable dataset of regulatory instruments. ISDA's comments are supportive of...
