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Financial Services Law Insights and Observations

ARRC releases recommendations for LIBOR ICE contracts

Federal Issues ARRC LIBOR Swaps

Federal Issues

On June 8, the Alternative Reference Rates Committee (ARRC) issued recommendations for contracts linked to U.S. dollar LIBOR Intercontinental Exchange Swap Rates. According to the ARRC, the recommendations recognize that such contracts are not covered by federal LIBOR legislation and that counterparties may have to take proactive steps to address the end of the USD LIBOR ISR. The recommendations include a suggested fallback formula that may be used for USD LIBOR ISR fixings after three-month USD LIBOR has been discontinued or becomes non-representative. The ARRC also noted that if a legacy position cannot be proactively converted or amended, “the ARRC believes that, once three-month USD LIBOR has ceased to be published as a representative rate, the fallback formula suggested would accurately represent the at-the-money rates of standard interest rate swaps which are tied to it and which incorporate the fallback provisions introduced in the ISDA 2020 IBOR Fallbacks Protocol.”