ARTICLE
17 October 2019

ISDA CEO Warns Of Potential Risks Relating To DTOs Post-Brexit

CW
Cadwalader, Wickersham & Taft LLP

Contributor

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 CEO Scott O'Malia highlighted potential issues affecting derivatives trading obligations following Brexit.
United States Finance and Banking

ISDA CEO Scott O'Malia highlighted potential issues affecting derivatives trading obligations following Brexit. In the absence of an equivalence determination, he said, European Economic Area (EEA) counterparties risk losing access to an important source of liquidity that may result in fragmentation. He also warned that there were trading venue and potential conflict of laws issues.

He encouraged (i) coordination between UK and EU regulators and (ii) mutual recognition of trading venues.

ISDA previously urged regulators to issue equivalence determinations. Recently, Andrew Bailey of the UK Financial Conduct Authority made similar recommendations.

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