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The trillion dollar question: can a central bank bail out a central counterparty clearing house which is "Too Big To Fail"?

Version 2 2024-06-17, 22:53
Version 1 2017-02-24, 13:35
journal contribution
posted on 2024-06-17, 22:53 authored by C Chamorro-Courtland
I have previously argued in my Article, Central Counterparties and the New Transnational Lex Mercatoria,' that the new transnational lex mercatoria is the main source of law governing the operations of central counterparties (CCPs or singularly CCP). It is a legal framework which recognizes that the customs, practices, and usages of CCPs are a legally binding source of law. That is to say, CCPs have operated as self-regulatory organizations (SROs) and have developed their own operations for risk management and default procedures by altering and adapting their customs and practices over the past several decades. Adhering to this framework, courts in various common law jurisdictions have enforced these customs and practices as legally binding between participants of the clearing system.

History

Journal

Brooklyn journal of corporate, financial and commercial law

Volume

6

Pagination

433-485

Location

Brooklyn, N.Y.

ISSN

1934-2497

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2012, Brooklyn Law School

Issue

2

Publisher

Brooklyn Law School

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