Template:M summ 1992 ISDA Force Majeure Event

Revision as of 09:52, 13 April 2020 by Amwelladmin (talk | contribs)

Force majeure in the 1992 ISDA

There is no equivalent to the 2002 ISDA’s Force Majeure Event in the 1992 ISDA. You could, and many old-timers do, write an Impossibility clause into the Schedule, which endeavoured to do the same thing. Or you could incorporate the 2002 ISDA’s Force Majeure Event into the 1992 ISDA — as long as you carry the concept through to its logical conclusion i.e.:

The concept also impacts the basis of close-out because the 2002 ISDA requires true mids for valuation i.e, not simply the average of each party’s view of the bid/offer where a Force Majeure Event (or Illegality) occurs, which is effectively what you get under the 1992 ISDA with a “Two Affected Parties” option.

The easiest way of achieving this is probably to sign up to the ISDA protocol on force majeure and illegality.