Specifications of Certain Matters - NY VM CSA Provision

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2016 NY VM CSA Anatomy™


In a Nutshell Section 11(f):

11(f) Specifications of Certain Matters. If this Annex says something can be “specified in Paragraph 11”, you can specify it in a Confirmation or other document between the parties, too.
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2016 NY VM CSA full text of Section 11(f):

11(f) Specifications of Certain Matters. Anything referred to in this Annex as being specified in Paragraph 13 also may be specified in one or more Confirmations or other documents and this Annex will be construed accordingly.
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Related Agreements
Click here for the text of Section 11(f) in the 1994 New York law CSA
Click here for the text of Section 9(d) in the 1995 English Law CSA
Click here for the text of Section 9(d) in the 2016 English Law VM CSA
Comparisons
Template:2nycsadiff 11(f)
2016 VM CSA and 2016 NY Law VM CSA: click for comparison
1995 CSA and 2016 VM CSA: click for comparison


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Differences between CSA versions

Template:Nycsa capsule 11(f) One from the “well, I’ll be blowed” school of legal expression wherein ISDA’s crack drafting squad™ states the bleeding obvious for the benefit of those timid types who — despite being schooled in its weft and warp — don’t quite trust the common law to deliver elementary common sense.

On the one hand, you can see where they’re coming from — this is the same common law which concluded[1] email is not an electronic messaging system, after all - but on the other hand come on.

Thanks for phoning it in, team.