The 1992 ISDA Master Agreement Says Notice Can Be Given Using an “Electronic Messaging System”; If You Think That Means “E-Mail,” Think Again

That was the conclusion in a case decided last month by the High Court of England and Wales.  In a guest article, Anne E. Beaumont, a partner at Friedman Kaplan Seiler & Adelman LLP, discusses the court’s decision, the definition of an “electronic messaging system” under the 1992 ISDA Master Agreement, the significance of the decision for users of New York-law ISDA Master Agreements and how to provide for e-mail notice.  For related analysis by Beaumont, see “Five Steps for Proactively Managing OTC Derivatives Documentation Risk,” Hedge Fund Law Report, Vol. 7, No. 16 (Apr. 25, 2014).

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