Template:M comp disc 1992 ISDA 6(f): Difference between revisions
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Revision as of 17:39, 22 October 2020
The 1992 ISDA does not have a specific set off provision, although it manages to define Set-off anyway.
ISDA published a suggested set-off provision in the Users Guide but no-one liked it, and several bespoke versions developed and percolated around the market. These often provided for the inclusion of Affiliates in relation to the Non-defaulting Party or Non-affected Party.
ISDA’s crack drafting squad™ got the hint and implemented a fully-fledged set-off provision based on this language into the 2002 ISDA — but not without a little boo-boo. You can read all about it, and the boo-boo, and what people have done to fix it, at our article about that Section 6(f) Set-off provision.