It’s difficult to talk in general terms about the derivatives market in Asia-Pacific. Looked at as a whole, derivatives turnover in the region has been growing, and that growth is expected to continue. But activity is concentrated in a few key trading hubs like Hong Kong – the venue for this year’s ISDA Annual General Meeting. A number of other jurisdictions are at much earlier stages of development, and need to establish strong legal and regulatory foundations to encourage further growth in local derivatives markets.
That might sound obvious, but it’s important. In a new ISDA survey of 480 derivatives market participants active in Asia-Pacific, published in this issue of IQ, the existence of a sound legal and regulatory framework was identified as one of the main factors in determining where to trade. In particular, certainty over the enforceability of close-out netting was highlighted as essential to the development of robust and efficient derivatives markets.
There has been recent progress towards achieving that in certain jurisdictions, but – as it stands – there is still ambiguity over how close-out netting will be treated in three of the region’s biggest economies and Group-of-20 members: China, India and Indonesia. Given the importance of close-out netting as a risk mitigant, we believe resolving this issue is the single most important step policy-makers can take to ensure the development of safe, efficient and liquid derivatives markets in their jurisdictions.
The survey highlighted the importance of other regulatory issues, including the cross-border harmonization of rule sets. This has long been a key strategic priority for ISDA, and we recently proposed a set of recommendations to help mitigate fragmentation in global derivatives markets. Central to this is the development of a risk-based framework for comparability evaluations, alongside a predictable and consistent equivalence and substituted compliance process that is focused on outcomes.
Greater consistency between national rule sets would also help, but that doesn’t mean rules necessarily need to be identical in every market. For smaller jurisdictions or those with limited market activity, it may not be appropriate to implement the same rules as those applied in the US and Europe – at least, not at this stage. The most effective strategy for local regulators would be getting those legal foundations in place first.
Documents (1) for Bearing East – IQ April 2019
Latest
ISDA Comment on ICC Application as Clearing Agency
On October 6 ISDA submitted a comment letter to the Securities and Exchange Commission in response to the ICE Clear Credit (“ICC”) application for registration as a clearing agency under Section 17A of the Securities Exchange Act of 1934, including...
Paper on Enhancing Liquidity and Risk Management
As ISDA marks its 40th anniversary this year, it is an opportune time to reflect on the challenges and opportunities faced by the global derivatives markets over the past four decades. Rapid growth, continued innovation, regulatory reform, central clearing, margining,...
Trade Bodies Seek Delay on Third-Country CCP Rules
On October 21, ISDA and nine other trade associations – the Alternative Investment Management Association, the European Association of Co-operative Banks, the European Association of Corporate Treasurers, the European Banking Federation, the European Fund and Asset Management Association, the European...
ISDA and Tokenovate Launch CDM Taskforce
ISDA and Tokenovate have today announced the establishment of a new taskforce within the Fintech Open Source Foundation (FINOS) to accelerate operationalization of the Common Domain Model (CDM). The initiative responds to growing market demand for standardized, interoperable post-trade processing...
