Can ISDA’s Close-out Protocol Stay the Next Lehman Brothers?

Since the collapse of Lehman Brothers and the ensuing global financial crisis, policymakers, central banks and regulators have introduced a raft of new measures designed to assist the resolution and recovery of systemically important financial institutions.

In an article for International Corporate Rescue, Andrew Wilkinson, Alex Wood and Paul Bagon evaluate legislative and market efforts to impose temporary stays on closing-out OtC transactions, including under the European Bank Recovery and Resolution Directive and the new ISDA protocol.  The authors consider the impact of these measures on the authorities’ powers to implement an effective and timely resolution of distressed financial institutions and debate whether the possibility of “another Lehman Brothers” has now been consigned to the history books.

This article first appeared in Volume 12, Issue 3 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing – www.chasecambria.com.