Section 2(a)(iii) - ISDA Provision: Difference between revisions

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===Chris Allen's note===
{{isia}}
{{doc|Draft ISDA 2a3 protocol.doc|Draft ISDA 2(a)(iii) Protocol}}
===Draft ISDA Section {{isdaprov|2(a)(iii)}} Protocol===


These amendments are being led by [[ISDA]] and are likely to take effect by Protocol. These changes are separate to the ones being contemplated under DFA. I have spoken to ISDA's GC about trying to merge the docs so as to reduce client repapering. Current proposal is nonetheless to keep the activities separate.
These amendments are being led by [[ISDA]] and are likely to take effect by protocol. These changes are separate to the ones being contemplated under DFA.


====Intent of drafting====
====Intent of drafting====
The revised text looks to address 4 concerns (each arising from English case law):
The revised text looks to address 4 concerns (each arising from English case law):


#'''Time Limit''': Will now be triggered by the {{isdaprov|Defaulting Party}}serving notice on the {{isdaprov|Non-defaulting Party}}. Makes sense I think. Bank of England, FSA and Fed all keen for the period to be short (UK had suggested 1 month).
#'''Time Limit''': Will now be triggered by the {{isdaprov|Defaulting Party}}serving notice on the {{isdaprov|Non-defaulting Party}}. Bank of England, FSA and Fed all keen for the period to be short (UK had suggested 1 month).
#'''Gross/Net issue''': (per {{casenote|Lomas|Firth Rixson}} and {{casenote|Marine Trade|Pioneer}})
#'''Gross/Net issue''': (per {{casenote|Lomas|Firth Rixson}} and {{casenote|Marine Trade|Pioneer}})
#'''Due Date Expiry issue''': (per [[Marine Trade]])
#'''Due Date Expiry issue''': (per [[Marine Trade]])

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