ISDA® Presses for Standardization of Digital Asset Derivatives | Practical Law

ISDA® Presses for Standardization of Digital Asset Derivatives | Practical Law

Through a series of recent releases, ISDA® has asserted that contractual standards are needed for the growing crypto derivatives market.

ISDA® Presses for Standardization of Digital Asset Derivatives

Practical Law Legal Update w-034-5750 (Approx. 4 pages)

ISDA® Presses for Standardization of Digital Asset Derivatives

by Practical Law Finance
Published on 23 Feb 2022USA (National/Federal)
Through a series of recent releases, ISDA® has asserted that contractual standards are needed for the growing crypto derivatives market.
Through the following recent releases, ISDA® has begun the movement to establish contractual standards for the growing digital assets derivatives market:
  • A December 2021, ISDA whitepaper that addressed the need for contractual standards in digital asset derivatives. The whitepaper details ISDA's plans to develop templates and standard definitions for contracts, which can be implemented across the digital asset ecosystem (see Legal Update, ISDA Contractual Standards for Digital Asset Derivatives).
  • A January 18, 2022 column by ISDA CEO Scott O'Malia, which offered informal comments on the growth of crypto assets and the need for standardization to make the market safer and more efficient.
  • A February 15, 2022 podcast hosted by O'Malia and featuring Mark Wetjen, former CFTC commissioner and head of policy and regulatory strategy at FTX US, a cryptocurrency exchange, which examined standardization of digital asset derivatives.
ISDA notes that it is uniquely placed to lead the charge for standardization in the digital assert derivatives arena because of its work establishing standardization with other asset classes, as ISDA has been analyzing how novel technologies such as distributed ledger technology (DLT) and smart contract code can be integrated within ISDA's contractual framework (see Legal Updates, ISDA Publishes Legal Guidelines for Smart Derivatives Contracts: Credit Derivatives and ISDA Publishes Second Series of Legal Guidelines for Smart Derivatives Contracts)
O'Malia's column continued the theme of the whitepaper, detailing the need for greater standardization in the digital asset market to reduce risk and to promote greater efficiency and deeper liquidity. He noted the growth of crypto assets in recent years as a defining feature of modern finance. Currently valued at $3 trillion, according to a cited November 2021 Forbes article, the crypto-asset market is attracting the attention of institutional investors and banks. It is ISDA's position that standardization in this industry will create a strong legal foundation built on common definitions and contract templates. O'Malia noted further that, to date, OTC crypto derivatives trading has taken place using amended ISDA templates and definitions or bespoke definitions.
In the February 15, 2022 podcast, Wetjen contended that any market that features automation needs standardization for broad adoption. With crypto assets, he noted, there is some standardization with certain tokens. However, he argued more standardization is needed for the interoperability of networks and assets on networks.
"ISDA" is a registered trademark of the International Swaps and Derivatives Association, Inc. (ISDA). ISDA is not a sponsor of Practical Law and had no part in the development of this Update.