ISDA Valuation Cases
St. Cross College, Oxford; Freshfields Bruckhaus Deringer
July 31, 2010
Following default under a given ISDA Master Agreement, outstanding derivatives contracts have to be valued in accordance with the applicable provisions for Market Quotation, Loss or Close-out Amount. The interpretation and construction of these clauses is highly complex, in some respects even more complex than the mathematical valuation of the derivatives themselves.
Extremely helpful guidance is however provided by a range of ISDA valuation cases from English and other common law jurisdictions. Their judgments include: “ANZ v. Societe Generale (2000), North America Steamships Limited (2007), Enron v. Integral (2002), Enron v. Txu (2003), High Risk Opportunities HUB (2005), Peregrine v. Robinson (2000) and Yallourn v. Enron (2005)” and are summarized below.
The key text from each judgment is also carefully identified and set out by topic and sub-topic in this paper and various practitioner test questions included in the Appendix.
Keywords: Master Agreement, Derivative, ISDA
JEL Classification: G12, G13, G15, K22,working papers series
Date posted: August 1, 2010 ; Last revised: January 26, 2011
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