Arias-Barrera, Ligia Catherine (2016) Fractures of the UK regulation and supervision of central counterparties in the OTC derivatives market. PhD thesis, University of Warwick.

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Abstract

The 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 work, for the first time, analyses the regulatory response of the United Kingdom, the largest centre of OTC derivatives transactions, and highlights its shortcomings or 'fractures'. The work uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market (OTCDM). It is specifically focused 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 were taken. The main contribution of this work is to highlight the risk based 'fractures' affecting the regulation and supervision of CCPs in the OTCDM. The absence of a coherent conduct of business regime of CCPs, the insufficient legal framework underpinning CCPs' operations, the lack of a Special Resolution Regime for CCPs are some notable absences. However the failure to rule 'Innovation Risk' from a risk based approach raises material concerns. It is therefore argued that these fractures hinder the achievement of the regulatory objectives. The regulator's objective is to enhance the stability of the OTCDM by ensuring the safety and soundness of Central Counterparties CCPs.

Item Type:	Thesis (PhD)
Subjects:	H Social Sciences > HG Finance
Library of Congress Subject Headings (LCSH):	Derivative securities, United Kingdom -- Economic policy
Official Date:	April 2016
Dates:	Date Event April 2016 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Singh, Dalvinder
Sponsors:	Banco de la República (banco central de Colombia) ; Universidad Externado de Colombia
Extent:	xi, 373 leaves
Language:	eng

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