Performance & Stability
How Does the 2002 ISDA Set off Provision Interact with Collateral Posted under a CSA?
The ISDA set-off provision is the final step in a default, netting external debts against the post-collateral derivatives exposure.
What Are the Primary Risks of Using the Standard ISDA Set off Clause?
The standard ISDA set-off clause is a conditional, jurisdictionally-sensitive remedy for residual exposures, not a primary risk shield.
What Legal Challenges Can Arise When Executing the ISDA Set off Provision?
Executing the ISDA set-off provision presents legal challenges where contractual rights meet the statutory supremacy of insolvency law.
Can a Contractual Set off Provision in an ISDA Agreement Cover Non Financial Obligations?
A contractual set-off in an ISDA can cover non-financial obligations if meticulously drafted with a robust, pre-agreed valuation mechanism.
How Does the 2002 Isda Master Agreement Differ from the 1992 Version regarding Close out Amounts?
The 2002 ISDA replaces the 1992's subjective close-out methods with a unified, objectively reasonable standard for greater legal certainty.
From a Legal Standpoint How Does the Concept of Set-Off Differ in the Standard Forms of the Two Agreements?
Set-off in an ISDA is a post-default netting tool across contracts; in a prime brokerage agreement, it is a continuous, systemic security right.
