CSC Statement on German Bank CDS

This note has been prepared by ISDA’s Credit Steering Committee (CSC) to explain the CSC’s recommendation for changes to documentation practice for credit default swap (CDS) transactions referencing German banks. This note does not constitute legal advice to any interested person from ISDA or the CSC. Further, neither ISDA nor the CSC undertake any duty of care, nor shall they otherwise be liable, to any interested person.

Addressing Termination Troubles

When Enron announced a shock $618 million loss on October 16, 2001, it took a further 47 days until it filed for bankruptcy. For Bear Stearns, it took 266 days between its bailout of a structured credit fund run by...