ISDA® Selects CDS Determinations Committee Members | Practical Law

ISDA® Selects CDS Determinations Committee Members | Practical Law

ISDA has selected new deteminations committee (DC) members, which make important determinations for the credit default swaps (CDS) market, including when a credit event has occurred with respect to particular entity.

ISDA® Selects CDS Determinations Committee Members

Practical Law Legal Update 7-525-5399 (Approx. 4 pages)

ISDA® Selects CDS Determinations Committee Members

by PLC Finance
Published on 02 Apr 2013International
ISDA has selected new deteminations committee (DC) members, which make important determinations for the credit default swaps (CDS) market, including when a credit event has occurred with respect to particular entity.
On March 28, 2013, ISDA® selected new determinations committee (DC) members. DC members make important determinations for the credit default swaps (CDS) market, including when a credit event has occurred with respect to particular reference entity. A reference entity is the third party named in a CDS. Under a CDS, if a credit event is deemed to have occurred with respect to the reference entity, credit protection payments under the swap must be made from the credit protection seller to the protection buyer.
ISDA implemented DCs as part of its 2009 Big Bang Protocol in response to CDS issues that arose during the financial crisis (see Practice Note, Credit Derivatives: Overview (US): ISDA's Big Bang: Box, CDS Determinations Committees). As is customary, global financial institutions and major funds that are among the most active in the derivatives markets populate the "all regions" voting block of the latest DC. ISDA includes both funds and financial institutions in the DC so that both dealer and buy-side interests are represented. ISDA changes the composition of the DC periodically to attempt to reflect the interests that make up the CDS market.
Common credit events include bankruptcy of the reference entity or failure to pay under a debt instrument issued by the reference entity (the reference obligation). DCs are necessary because it is not always clear when a credit event has occurred under a CDS.
For example, when a lender and borrower enter into a forbearance agreement, it is often unclear if a failure to pay has occurred. Additionally, during the Greek debt crisis, it was not clear whether or not a credit event had occurred with respect to Greece, which was named as a reference entity in certain sovereign CDS. The DC makes these determinations, upon request by market participants.
DCs also determine, among other things, which of the reference entity's debt instruments will be deliverable obligations in a CDS auction.
The DC consists of the following members:
Voting Dealers (for all regions):
  • Bank of America N.A.
  • Barclays Bank plc
  • Citibank, N.A.
  • Deutsche Bank AG
  • Goldman Sachs International
  • JPMorgan Chase Bank, N.A.
  • Morgan Stanley & Co. International plc
  • UBS AG
Consultative Dealer (for all regions):
  • Société Générale
Voting Non-Dealers (for all regions):
  • Citadel LLC: effective April 2013
  • D.E. Shaw Group & Co., L.P.: effective April 2013
  • BlueMountain Capital Management, LLC: effective July 2013
  • Pacific Investment Management Co., LLC: effective July 2013
  • Metlife, Inc.: effective November 2013
Regional Dealers:
Americas Voting Dealers:
  • BNP Paribas
  • Credit Suisse International Americas
Consultative Dealer:
  • Nomura International plc
Europe Voting Dealers:
  • BNP Paribas
  • Credit Suisse International Europe
Consultative Dealer:
  • Nomura International plc
Japan Voting Dealers:
  • Mizuho Securities Co., Ltd
  • Nomura International plc
Japan Consultative Dealer:
  • Credit Suisse International
Asia Ex-Japan Voting Dealers:
  • Credit Suisse International
  • Nomura International plc
Asia Ex-Japan Consultative Dealer:
  • BNP Paribas
Australia / New Zealand Voting Dealers:
  • BNP Paribas
  • Credit Suisse International
Australia / New Zealand Consultative Dealer:
  • Nomura International plc
Consultative Non-Dealers (for all regions):
  • Saba Capital Management, L.P.: effective April 2013
  • Elliott Management Corporation: effective November 2013
CCP Members:
Americas CCP Member:
  • ICE Clear Credit LLC
Europe CCP Members:
  • ICE Clear Europe Limited
  • LCH.Clearnet S.A.
For information on ISDA protocols generally, see Practice Note, ISDA Documents: Overview (US): ISDA Protocols.
For details on the mechanics of CDS and other credit derivatives, see Practice Note, Credit Derivatives: Overview (US).
"ISDA" is a registered trademark of the International Swaps and Derivatives Association, Inc. (ISDA). ISDA is not a sponsor of Practical Law and had no part in the development of this resource.