ARTICLE
1 February 2019

ISDA Recommends Risk Management Best Practices For Central Counterparties

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
ISDA recommended risk management best practices to ensure "greater consistency in risk practices at CCPs across the globe."
United States Finance and Banking

ISDA recommended risk management best practices to ensure "greater consistency in risk practices at CCPs across the globe."

In the Best Practices paper, ISDA recommends, among other things, that:

  • risk management be consistent with the underlying risk of a particular product (e.g., distinguishing products traded on a central order book from OTC-cleared products);
  • CCPs have "robust membership requirements" (i.e., financial and operational capability) that are reviewed consistently;
  • products that are cleared by a CCP be adequately "standardized and liquid";
  • CCPs ensure that there is sufficient participation in the auction of a defaulting member's portfolio;
  • margin be calculated across all products in a consistent manner, taking into consideration concentration, liquidity and wrong-way risk;
  • position limits and controls for erroneous trades should be established and implemented at the exchange level;
  • CCPs disclose information regarding their margin and stress testing models, default procedures and other matters to allow participants to "perform meaningful due diligence" on the CCP;
  • the default fund be appropriately sized;
  • the default management process be tested on a regular basis; and
  • clearing members that underwrite the counterparty risk of a CCP participate in the CCP's governance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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