- within Intellectual Property, International Law, Litigation and Mediation & Arbitration topic(s)
ISDA summarized the final results of a consultation (the "Consultation") related to new benchmark fallbacks for derivative contracts that reference certain interbank offered rates ("IBORs"). As previously covered, the Consultation requested feedback on alternatives for adjusted risk-free rates ("RFRs") and spread adjustments that would apply to derivatives contracts referencing an IBOR in the event such IBOR is permanently discontinued.
The report, which was prepared for ISDA by The Brattle Group, affirmed the preliminary findings ISDA published in November. ISDA concluded that (i) the overwhelming majority of respondents ranked the "compounded setting in arrears rate" as their top preference for the RFR, (ii) a significant majority of respondents selected the "historical mean/median approach" for the spread adjustment, and (iii) a significant minority of respondents selected the "forward approach" for the spread adjustment. The report noted that most respondents preferred to utilize the same RFR and spread adjustment across all benchmarks covered by the Consultation.
Based on the feedback to the Consultation discussed in the report, ISDA confirmed that it will develop fallbacks for the IBORs covered by the Consultation based on the "compounded setting in arrears rate" as the RFR and the "historical mean/median approach" as the spread adjustment. ISDA stated that it will include these fallbacks in its standard definitions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]