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Central counterparties (CCP) and the new transnational lex mercatoria

Chamorro-Courtland, Christian 2011, Central counterparties (CCP) and the new transnational lex mercatoria, Florida State University law review, vol. 10, pp. 57-116.

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Title Central counterparties (CCP) and the new transnational lex mercatoria
Author(s) Chamorro-Courtland, Christian
Journal name Florida State University law review
Volume number 10
Start page 57
End page 116
Total pages 60
Publisher Florida State University
Place of publication Tallahassee, Fl.
Publication date 2011
ISSN 0096-3070
Summary This article researches the sources of law governing theoperations of Central Counterparty (CCP) systems. The CCP is asui generis financial institution which guarantees and facilitates thesettlement of claims between a group of merchants. It will bedemonstrated that the new transnational lex mercatoria is the mainsource of law governing a CCP's operations. It is submitted thatthe lex mercatoria should remain the primary source of law[Vol. 10CCP AND LEX MERCA TORIAgoverning CCP arrangements because it has worked successfullyfor decades and there has never been a major CCP failure.'Although this paper focuses on the law from a common lawperspective, the 'transnational' aspect of this legal regime meansthat it applies universally to CCPs operating in most jurisdictions.
Language eng
Field of Research 1801 Law
Socio Economic Objective 0 Not Applicable
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2011, Florida State University
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091497

Document type: Journal Article
Collections: Law
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