Determining Party - ISDA Provision
2002 ISDA Master Agreement
A Jolly Contrarian owner’s manual™
Determining Party in all its glory
Related agreements and comparisons
Resources and Navigation
You want to spend your time looking at Close-out Amount, and, by way of comparison, the magnificent contrivance that was the 1992 ISDA’s equivalent, Loss or Market Quotation. There was no “Determining Party” concept in the 1992 ISDA.
Not to be confused with a Determining Party for the purposes of the Equity Derivatives definitions, of course. Right?
- The JC’s famous Nutshell™ summary of this clause
- On dealer polls (still germane, even in 2002) and their utter forlornity, as evidenced in the Lehman litigation
- What about penalties suffered as a result of failures by a party to perform its obligations? The strange case of Emissions Allowances
- Hedging Disruption under the 2002 ISDA Equity Derivatives Definitions
- The famous triple cocktail of protections against hedging disruption for an Hedging Party