ISDA has published the third in a series of legal guidelines for smart derivatives contracts, intended to explain the core principles of ISDA collateral documentation and raise awareness among technology developers, collateral operations, risk managers and other key stakeholders of important legal and regulatory issues that must be considered when a technology solution is applied to the collateral management process.
The third paper provides guidelines to help the development and application of technology in the automation of collateral management. It describes:
- Current challenges that exist in the collateral management process and how they can be resolved through greater automation;
- The importance of increased standardization in creating the foundation for automated technology solutions;
- ISDA’s strategy for developing and delivering greater standardization and digitization of ISDA collateral documentation; and
- Existing legal standards as set out in ISDA’s collateral documentation and key points for technology developers to consider as they develop and implement new technology solutions within this legal and regulatory framework.
While the intention of this paper is not to specify or recommend any particular approach, or to address any particular technological application or project, these guidelines do suggest steps that should be taken to ensure the design and implementation of new technology solutions are consistent with existing legal and regulatory standards. It also highlights areas where further industry collaboration will be required to identify and resolve existing areas of legal and regulatory uncertainty.
Click on the PDF below to read the paper.
The first paper – Legal Guidelines for Smart Derivatives Contracts: Introduction – is available here.
The second paper – Legal Guidelines for Smart Derivatives Contracts: The ISDA Master Agreement – is available here.
Documents (1) for Legal Guidelines for Smart Derivatives Contracts: Collateral
Latest
ISDA In Review – June 2025
A compendium of links to new documents, research papers, press releases and comment letters published by ISDA in June 2025.
ISDA Presents Lock-Up Agreement Proposal
ISDA is pleased to present the proposed Lock-Up Agreements and CDS – Proposed Auction Solution. “Lock-Up Agreements” are market-wide arrangements, broadly standardized and predominantly integrated with court sanctioned restructuring or bankruptcy processes. Numerous end users will sign material Lock-Up Agreements...
Key Trends in OTC Derivatives Market H2 2024
The latest data from the Bank for International Settlements (BIS) over-the-counter (OTC) derivatives statistics shows a modest increase in notional outstanding during the second half of 2024 compared to the same period in 2023. Notional outstanding for interest rate, foreign...
Request to Extend Relief on No-Action Letter 22-18
On July 3, ISDA requested to extend the relief under the Commodity Futures Trading Commission's (CFTC) no-action letter No. 22-18. ISDA requests that the relief is extended until further action by the CFTC resolves the overlapping and contradictory reporting obligations...