ISDA Reacts to LBIE Judgment

ISDA sought and was granted permission to intervene in the case of Lomas and others v JFB Firth Rixson, Inc and others to ensure that arguments reflecting the market's understanding of the construction were made before the Court. The Court found that Section 2(a)(iii) is "suspensive" in effect, overturning the non-binding comments in the Marine Trade case that Section 2(a)(iii) is a once-and-for-all test. It was one of ISDA's key goals in participating in the action to achieve this result. ISDA will consult with its members to agree a form of amendment to Section 2(a)(iii) that ISDA will make available to market participants.

DateDecember 21, 2010

Cross Reference (links require a Cabinet subscription)Section 2(a)(iii) of the ISDA Master Agreement