Policy Framework for Safe and Efficient Derivatives Activity in Emerging and Developing Markets

Derivatives have an important role to play in the development of capital markets in emerging and developing jurisdictions and in enabling a wide range of their end users to better manage the business and financial risks they are exposed to in their normal course of business.

This paper seeks to help policymakers in emerging and developing markets establish an appropriate framework to ensure safe and efficient derivatives activity. It outlines the key elements – legal, regulatory and risk management – that policymakers should consider. In doing so, it draws on previous work by global standard setters, regulators and supervisors in advanced economies, as well as market participants and others, to identify issues and practices in these areas.

Importantly, the paper also discusses the relevant transposition of derivatives policies and rule sets developed by global policymakers and market participants in advanced economies to emerging and developing markets. There are, for example, some practices, laws and/or rules that are essential in every jurisdiction (eg, the legal certainty of derivatives transactions and the enforceability of netting agreements between counterparties). But it is also true that not every global rule set can or should be implemented in every jurisdiction (eg, a clearing mandate in a market with few transactions or with a closed currency).

For these reasons, it is important that a jurisdiction’s policy/regulatory framework be aligned and evolve with the development of its capital markets and derivatives activity to foster growth and enable access to prudent risk management practices.

A French language version of the paper is available here.

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...