General commentary

Copies of ISDA Master Agreements are available from ISDA. Order forms and an online purchase facility are available on www.isda.org (see Bookstore/Publications).

ISDA has published the User's Guide to the 1992 ISDA Master Agreement and the User's Guide to the 2002 ISDA Master Agreement which provide some valuable assistance in dealing with the ISDA Master Agreements. These documents are also available from ISDA.

In this section 2.1.3 "Commentary on ISDA Master Agreement", issues which arise in the context of the laws of the Australian Jurisdictions under ISDA Master Agreements are explained and conclusions in relation to those legal issues are set out.  Also, some of the provisions in the ISDA Master Agreement are explained.

The Guide does not consider issues which could arise if the ISDA Master Agreement is used as a master agreement for transactions other than those dealt with in the Guide. 

Further, generally no comment is made on the commercial acceptability of the ISDA Master Agreement (although there are a small number of comments in this respect).  Participants must separately consider whether the terms of the ISDA Master Agreement are commercially acceptable to them.

Last Update Date 28 Jun 2011