Powered by Lexis+® UK
Jurisdiction(s):
United Kingdom
Glossary
CASE STUDY

“LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients.”

SBP Law

Access all documents on Credit default swap (CDS)

Credit default swap (CDS) meaning

What does Credit default swap (CDS) mean?
A credit default swap (CDS) is a bilateral derivative used to transfer the credit risk of a borrower (the reference entity) from one party to another. The protection buyer pays periodic premiums to the protection seller. If a contractually defined credit event occurs—typically insolvency, failure to pay or restructuring—the seller must make a settlement payment, either by accepting delivery of the defaulted debt for par (physical settlement) or by paying a cash amount determined by market auction procedures. The buyer is usually a lender or investor seeking to hedge exposure, not the debtor company. The term is not defined in legislation and is a market expression; documentation and terminology follow the ISDA Master Agreement and the 2003/2014 ISDA Credit Derivatives Definitions, including use of ISDA Determinations Committees and auction settlement. CDS are used in the UK and Ireland for hedging, trading and regulatory capital management. Key legal points include accurate description of the reference entity/obligation, agreed credit events and deliverable obligations, settlement method, calculation agent, collateral/margin under a credit support annex, and compliance with derivatives regulation. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland; regulatory regimes diverge (UK EMIR/MiFIR in the UK, EU EMIR/MiFIR in Ireland).
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Credit default swap (CDS)

PRACTICE NOTES
UK sovereign credit default swaps under the Short Selling regime: restrictions, FCA powers, notification thresholds and the 2025 reforms [Archived]

ARCHIVED : This Practice Note has been archived and is no longer maintained. STOP PRESS: The Short Selling Regulations 2025 were made and published on 13 January 2025, together with an explanatory memorandum. These regulations replace the assimilated UK Short Selling Regulation and introduce a new legislative framework governing short selling in the UK, defining designated activities and empowering the Financial Conduct Authority (FCA) to set rules for those activities, alongside powers to act in exceptional circumstances. Certain parts commenced on 14 January 2025, with the remainder starting on the date the revocation of the UK Short Selling Regulation takes effect under FSMA 2023. The UK’s new regime removes obligations on investors when entering short positions in sovereign debt or sovereign credit default swaps (CDS) and the linked reporting requirements, while keeping sovereign debt and sovereign CDS within the FCA’s emergency intervention powers on short selling...

Read More Right Arrow
PRACTICE NOTES
Cash-Settled CDS under ISDA: Structure, Credit Event Notices, Valuation and Settlement Mechanics

Step-by-step guide A protection buyer (party A) and a protection seller (party B) execute an ISDA Master Agreement, the accompanying Schedule, and a confirmation document with one another to document a CDS contract. The contract explicitly names a specific reference entity. Within the confirmation, both parties state that, if a credit event occurs for that reference entity, the deal will be cash settled. Party A undertakes to pay party B a fixed fee or premium—this may...

Read More Right Arrow
PRACTICE NOTES
CDS settlement under the 2014 ISDA Definitions: DC auction process, cash valuation, physical delivery, fallbacks, restructuring buckets, asset package delivery and treatment of locked-up debt

What does this Practice Note cover? This Practice Note sets out how the three settlement approaches—auction settlement, cash settlement and physical settlement—work within a credit derivative transaction. It also outlines a fallback settlement mechanism and explains why it might be adopted and the circumstances in which it is used in practice. What are the settlement methods in credit derivative transactions? After a credit derivative transaction has been triggered, the parties will wish to complete settlement so that each receives any sums due to it. The parties may choose which settlement method will govern that transaction from the following options: auction settlement cash settlement, or physical settlement The 2014 ISDA Credit Derivative Definitions (the 2014 Definitions) provide for settlement once the conditions to settlement have been met. For additional detail, see Practice Note: Triggering and settling credit derivatives. Since 2009, auction settlement has become the favoured settlement route, following its insertion (or ‘hard-wired’ adoption) into the 2003 ISDA Credit Derivative...

Read More Right Arrow