ISDA Legal Opinion Developments

Thursday, October 7, 2021

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Non-Member US$0.00

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This event is open to ISDA members only


There have been a number of recent developments which have an impact on ISDA’s legal opinions. This event will consider the post-Brexit landscape and what this means for ISDA’s English opinions. Speakers will also discuss changes to the CRR requirements and the treatment of crypto assets in key jurisdictions and the impact on ISDA’s legal opinions.


Registration for this event will close 2 hours before the live broadcast


This is an ISDA Virtual Conference:

  • Event will be live on October 7, 2021 from 8:00 AM – 11:45 AM EDT  |  Timezone Converter
  • Miss part of the event or aren’t able to watch live? The recording will be available to registrants until November 7, 2021


Educational Credits

3 CLE Credit Hours Available (New York) Transitional and Non-Transitional

3 CPE Credit Hours Available

2.5 CPD Credit Hours Available (England and Wales)

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Thursday, October 7, 2021

Print Agenda ISDA Legal Opinion Developments for

8:00 AM Introduction and Welcoming Remarks

8:10 AM China

This panel will provide an overview of the latest legislative developments in China regarding enforceability of close-out netting under the draft Futures Law, as well as the bank resolution regime under the proposed amendments to the Commercial Banking Law. This session will also touch on issues regarding creation and enforcement of financial collateral arrangements under China’s new Civil Code and relevant regulations and rules.

8:50 AM Global Law Reform Developments

A number of initiatives by global standard setters are underway to provide legislative guidance on the treatment of digital assets, carbon credits, renewable energy certificates etc. Similar projects are ongoing at national level in certain jurisdictions. The treatment of transactions involving these “new” asset types under local law is relevant to the legal opinion analysis. The speakers will discuss these developments, including the latest ISDA white paper, and share their views on the various legal aspects relevant to the opinion analysis when it comes to digital and similar new assets.

9:30 AM Break

9:45 AM EU Developments

During this panel speakers will discuss recent EU developments, namely the restructuring directive and the regulation on the framework for the recovery and resolution of CCPs, and their impact on opinions in some jurisdictions.

10:25 AM FCM Opinions

This panel will cover the 2021 Instruction Letter to counsel for the FCM netting and collateral options, as well as the updated Annex to that Letter describing the US FCM opinion by Sullivan & Cromwell. It will specifically focus on the mechanics of the FCM model and close out process under US law to assist non-US counsel in analyzing how local laws would apply to that mode, with a focus on updates since the prior US opinion.

11:05 AM Digitizing and Operationalizing Opinions

There has been increased interest in digitalization. In this session aosphere will showcase “Data+”; an enhancement to netalytics to provide users with counterparty and transaction flags in machine readable format.

11:45 AM Conference Concludes

Agenda is subject to change.

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Basic knowledge of derivatives documentation is beneficial but not mandatory. Some knowledge of financial markets is assumed. No advance preparation is required.

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ISDA is an accredited provider of continuing education credits by the following organizations:

  • CLE

    ISDA has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the state of New York.

  • CPE Sponsory

    ISDA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors: 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417.

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