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Eurozone Contingency Planning: ISDA’s Illegality/Force Majeure Protocol – Teigland-Hunt LLP Client Alert

Jul 24, 2012

In response to Eurozone concerns, ISDA recently published its Illegality/Force Majeure Protocol, which is now open for adherence.

  • What It Does: This Protocol enables parties to 1992 ISDA Master Agreements to incorporate the illegality and force majeure provisions of the 2002 ISDA Master Agreement.
  • Why: This Protocol is intended to provide parties transacting under 1992 ISDA Master Agreements with improved remedies should the Eurozone crisis result in either the imposition of exchange controls in a member state (e.g., following its withdrawal from the Eurozone/replacement of the euro with a new national currency) or other legal developments that might render it illegal or impracticable for a party in a member state to fulfill its scheduled payment or delivery obligations in respect of OTC derivatives transactions.

See the T-H Client Alert attached for more details about ISDA’s Illegality/Force Majeure Protocol.

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