The Alternative Reference Rates Committee (ARRC) in the US has published a proposal for New York legislation to assist the transition of financial contracts away from US dollar (USD) LIBOR: Proposed Legislative Solution to Minimize Legal Uncertainty and Adverse Economic Impact Associated with LIBOR Transition (see the ARRC press release). The legislation is not yet … Read more
The past week has been important for developments in LIBOR transition, particularly for the cash markets where progress has hitherto been less advanced than other markets. On 26 February 2020, the International Swaps and Derivatives Association (ISDA) and Securities Industry and Financial Markets Association (SIFMA) hosted a joint conference on benchmark reform in London. One … Read more
The International Swaps and Derivatives Association (“ISDA”) announced yesterday that it will re-consult on how to implement pre-cessation fallbacks in derivatives contracts. This is an important development for financial institutions with large books of legacy LIBOR-linked products. The announcement follows an earlier consultation on pre-cessation fallbacks last year, which failed to achieve market consensus on … Read more
A suite of documents relating to LIBOR transition were published recently by the regulators and various working groups. In their recent blog post, our FSR colleagues have helpfully summarised the key milestones for transition and regulatory expectations noted in these papers, highlighting comments from the FCA and PRA that they intend to make use of … Read more
Over the past couple of weeks, the FCA has released two important communications in the context of the discontinuation of LIBOR, which is expected to cease after end-2021. On 19 November 2019, the FCA published a paper setting out a series of questions and answers for firms about conduct risk during LIBOR transition. Then on … Read more
The Association of British Treasurers (ACT) recently held a webinar focusing on the documentary challenges for corporates arising from the discontinuation of LIBOR. Our partners Harry Edwards (Disputes) and Nick May (Finance) joined the panel. The session considered the key legal challenges and pitfalls that corporate treasurers need to be aware of, how legal advisers … Read more
The FCA and PRA yesterday published a joint statement setting out their key observations from the responses of major banks and insurers in the UK to the Dear CEO letters published in September 2018, which asked for details of the preparations and actions being taken by those firms to manage transition from LIBOR to alternative interest rate benchmarks (SONIA … Read more
It is clear that, from 2021, LIBOR (at least as we know it) will cease to exist. Given its prevalence as an interest rate benchmark in contracts across multiple markets and jurisdictions, its demise raises questions about the litigation risks which parties to such contracts may face. Herbert Smith Freehills LLP have published an article … Read more
