ISDA provided guidance on post-Brexit cross-border financial services for UK market participants.

In a series of FAQs, ISDA addressed several post-Brexit issues, including:

  • contractual points under ISDA Documentation;
  • choice of law, jurisdiction and recognition of judgments;
  • insolvency proceedings concerning either a UK entity or an entity that has been incorporated in an EU member state;
  • access to the EU financial markets;
  • the onshoring of European Market Infrastructure Regulation requirements in the UK;
  • collateral arrangements under the Financial Collateral Directive;
  • the Settlement Finality Directive;
  • the Bank Recovery and Resolution Directive;
  • amendments to the ISDA Master Agreement and transfers of existing contracts; and
  • the EU Benchmark Regulation and cross-border access to benchmarks.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.