ISDA Response to Law Commission Consultation on Digital Assets

On November 4, ISDA submitted a response to the Law Commission’s consultation on digital assets.  The response notes the importance of achieving greater legal certainty and offers feedback on the Law Commission’s proposal for the law of England and Wales to recognize “data objects” as a third category of personal property. The response highlights certain boundary issues that should be considered when developing the precise criteria for this new category, including in relation to voluntary carbon credits. The response also provides feedback on certain other questions relating specifically to the transfer and custody of digital assets.

Documents (1) for ISDA Response to Law Commission Consultation on Digital Assets

Response to EC Consultation on Carbon Price

On June 10, ISDA responded to the European Commission’s (EC) consultation on the calculation of the carbon price paid in a third country under Article 9 of the Carbon Border Adjustment Mechanism (CBAM). ISDA supports the EC’s proposal that evidence...

Response to CFTC on Clearing Requirements

On June 11, ISDA responded to the US Commodity Futures Trading Commission’s notice of proposed rulemaking on the clearing requirement determination under Section 2(h) of the Commodity Exchange Act for interest rate swaps to account for Canadian dollar-denominated and Mexican...

Digital Assets and Derivatives: Where Next?

Digital assets are moving into a phase of institutional integration into derivatives markets. Trading venues, custodial infrastructures and tokenization platforms now exist across both traditional financial markets and public blockchain networks. While this diversity has accelerated innovation and liquidity formation,...