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Define the ISDA (International Swaps and Derivatives Association) Master Agreement, together with the protections it gives against risk and the events of default it covers.

FRM® Part II · Credit Risk Measurement and Management · Derivatives · FRM2.CR.14.e

The idea

The ISDA Master Agreement is the standard contract that governs OTC derivatives between two parties. It is built from the printed Master Agreement, a Schedule that customises it, a Confirmation for each trade, and often a Credit Support Annex for collateral. All trades form a single agreement, which is what makes close-out netting work. On default the transactions are terminated and valued, and the positive and negative values are combined into one net amount owed. This keeps a liquidator from cherry-picking, keeping trades that favour the estate and abandoning the rest. Events of Default cover failure to pay, breach of agreement, credit support default, misrepresentation, default under specified transactions, cross-default, bankruptcy and merger without assumption. Illegality and tax events are Termination Events, where neither party is at fault. Exam point: netting is only as good as its legal enforceability.

Formulas

Loss on a defaulted netting set

Loss = max(ΣV, 0) × (1 − R)

ΣV
the sum of all trade values to the non-defaulting party under the agreement
R
the recovery rate on the net claim

Only where close-out netting is enforceable. Without it the liquidator can cherry-pick, the negative trades are paid in full and only the positive ones are claimed.

A practice question

From the question bank, with the reason each wrong option is wrong.

What is the ISDA Master Agreement?

  1. A standard bilateral contract covering OTC trades, treating all trades as a single agreement - correct
  2. A rulebook published by an exchange that sets out the listed contracts and their margin requirementsWhy not: Describes an exchange or CCP rulebook, not a bilateral master agreement.
  3. A guarantee given by the association to compensate parties when a counterparty defaultsWhy not: The association publishes documentation; it does not guarantee any party's performance.
  4. A regulatory requirement that every derivative trade be reported to a trade repositoryWhy not: Confuses the contract with trade-reporting rules.

The ISDA Master Agreement, with its Schedule, Confirmations and Credit Support Annex, forms one agreement across all trades between two parties, which is what supports close-out netting.

A harder one

A dealer has three trades with a client under an ISDA Master Agreement with enforceable close-out netting. Their values to the dealer are +USD 14 million, -USD 9 million and +USD 3 million. The client defaults and recovers 40 percent of the claim. The dealer's loss is closest to:

  1. USD 10.2 millionWhy not: Ignores netting: applies the 60 percent loss rate to the sum of the positive values, 17 million.
  2. USD 3.2 millionWhy not: Uses the recovery rate as the loss rate: 8 x 0.40.
  3. USD 4.8 million - correct
  4. USD 8.0 millionWhy not: Nets the trades but ignores the recovery on the claim.

Net claim = 14 - 9 + 3 = 8 million. Loss = 8 x (1 - 0.40) = 4.8 million. Without netting the loss would be 10.2 million.

The hardest tier

A change in law makes it illegal for one party to perform its payment obligations under a transaction, through no fault of either party. Under the ISDA Master Agreement this is best described as:

  1. A no-fault Termination Event (Illegality), not an Event of Default - correct
  2. An Event of Default by the affected party, because it can no longer performWhy not: Treats inability to perform as fault; Illegality is a no-fault Termination Event.
  3. No event at all, because the contract continues until the law is changed backWhy not: Ignores the Termination Event provisions that allow termination of the affected transactions.
  4. A bankruptcy event, which automatically terminates every transaction between the partiesWhy not: Confuses illegality with bankruptcy; no automatic termination arises from a change in law.

Illegality, force majeure and tax events are Termination Events where no party is at fault, while Events of Default arise from a party's own failure or credit problems.

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