The coronavirus pandemic has forced firms to switch their focus to critical priorities like maintaining their operations, managing volatility and servicing customers, all in an environment of social distancing and home working. These exceptional circumstances have posed unique questions and issues, which the industry and ISDA have been responding to.
Recognising that financial institutions are now entirely focused on business continuity and managing risk, regulators have been quick to extend upcoming deadlines and provide temporary relief on existing obligations. Various measures have also been introduced to allow banks to eat into capital and liquidity buffers so they can continue to support the economy. These steps have been important and have enabled firms to better allocate scarce resources, but challenges remain in a variety of areas. ISDA has been busy identifying these problematic issues and proposing solutions to regulators.
Some of the issues have been operational in nature. For example, the closure of offices globally in response to the coronavirus outbreak has highlighted potential difficulties in signing and delivering paper documents and notices, and has prompted greater interest in digital documentation, e-signatures and the enforceability of electronic contracts in various jurisdictions. And, in an environment where some national authorities opted to close certain markets and infrastructures in response to severe volatility, there has also been a need for industry guidance to provide clarification and help ensure the orderly valuation and settlement of derivatives positions.
This edition of IQ examines some of the issues raised by the coronavirus crisis, and looks at the measures taken by ISDA and the industry to help ensure markets continue to function efficiently. We also look at the regulatory response, and consider what might come next.
It’s not all about coronavirus, though. Progress continues to be made on efforts to adopt alternative risk-free rates ahead of the end of 2021, when the UK Financial Conduct Authority has said it will no longer compel or persuade banks to make LIBOR submissions. Last month, ISDA published preliminary results from its latest consultation on fallbacks, which indicate strong support for including both pre-cessation and permanent cessation fallbacks as standard language in the 2006 ISDA Definitions and in a single protocol. In this issue of IQ, we ask a range of market participants for their views on benchmark reform, including the importance of robust fallbacks.
Click on the attached PDF to read the full issue.
Documents (1) for Seismic Shift – IQ May 2020
Latest
Joint Response to EBA Consultation
On August 12, ISDA and the Association for Financial Markets in Europe (AFME) responded to the European Banking Authority’s discussion paper on certain taxonomy key performance indicators (KPIs) and other aspects of the Disclosures Delegated Act under Article 8 of...
Response to JSCC on Clearing Fund Consolidation
On August 12, ISDA responded to the Japan Securities Clearing Corporation’s (JSCC) consultation on its proposal to consolidate clearing fund consumption, calculation and deposit segmentation across six clearing qualifications under the Financial Instruments and Exchange Act. ISDA members broadly support...
Response on CSDD Guidelines
On August 6, ISDA responded to the European Commission’s (EC) consultation on due diligence guidelines under the Corporate Sustainability Due Diligence Directive (CSDDD). While ISDA acknowledges that model contractual clauses can be a helpful resource for in-scope companies, there are...
Response to BoE on Extension of Settlement Hours
On August 6, ISDA responded to the Bank of England’s (BoE) consultation paper on the extension of settlement hours for RTGS and CHAPS, the UK’s high-value payment system. ISDA supports the BoE’s plan to extend RTGS and CHAPS settlement hours...
