Regulation and Supervision of the OTC Derivatives Market by Ligia Catherine Arias-Barrera

Regulation and Supervision of the OTC Derivatives Market by Ligia Catherine Arias-Barrera

The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs).

This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken.

Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of ‘innovation risk’; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.

Ligia Catherine Arias-Barrera holds a Ph.D. in Law from the University of Warwick, and an LL.M in Commercial and Corporate Law from Queen Mary University of London. She is Associate Professor at the School of Law of the Externado de Colombia University, Private Consultant in Financial Law Services in Colombia and the UK, and Research Associate at the Ibero-American Institute for Law and Finance.

SKU	Unavailable
ISBN 13	9781138634787
ISBN 10	1138634786
Title	Regulation and Supervision of the OTC Derivatives Market
Author	Ligia Catherine Arias Barrera
Series	Routledge Research In Finance And Banking Law
Condition	Unavailable
Binding Type	Hardback
Publisher	Routledge
Year published	2018-05-09
Number of pages	280
Cover note	Book picture is for illustrative purposes only, actual binding, cover or edition may vary.