Category Archives: EMIR

New MiFID I Consultation Paper Creates Further Challenges for Commodity Market Participants

By Assia Damianova, Doron Ezickson, Nick Shiren, Jonathan Flynn, Antoinette Maginness and Adam Topping On 29 September 2014, ESMA published a consultation paper (the Consultation Paper) seeking industry feedback for guidelines relating to certain commodity derivatives, namely those falling under C6 and C7 of Annex I … Continue reading

Posted in Commodity Trading, EMIR, Enforcement and Investigations, MiFID, Oil & Gas, Power, Regulation

SAVE THE DATE: 2014 Energy & Commodities Regulation, Compliance and Enforcement Conference

Cadwalader, Wickersham & Taft LLP will be hosting its annual Energy & Commodities Conference in Houston, Texas. The program will feature informative presentations and panel discussions on the evolving regulatory and enforcement issues affecting the U.S. and international energy and … Continue reading

Posted in CFTC, Commodity Trading, CSAPR, Dodd-Frank, DOJ, EMIR, Emissions, Enforcement and Investigations, EPA, ERCOT, Events, FERC, FTC, MiFID, MiFIR, Mining/Metals, Oil & Gas, Power, PUCT, Regulation, Renewables, SEC

EMIR Clearing and Margin Consultation Paper Proposes Rules Which Will Impose Substantial Trading Costs on Market Participants

By Doron Ezickson, Nick Shiren, Assia Damianova, and Adam Topping The European Market Infrastructure Regulation (“EMIR”) imposes a number of risk mitigation techniques on counterparties to uncleared swaps.  Some of those involve much tighter operational procedures (such as the rules for timely confirmations, portfolio … Continue reading

Posted in Commodity Trading, EMIR, Oil & Gas, Power, Regulation

ESMA Consults on the Extra-Territorial Application of EMIR

On 17 July 2013, the European Securities and Markets Authority (“ESMA”) published a consultation paper (the “Consultation Paper”) on draft regulatory technical standards (“RTS”) aimed at implementing certain provisions of the European Markets Infrastructure Regulation (“EMIR”) relating to (a) the … Continue reading

Posted in Commodity Trading, EMIR, Mining/Metals, Oil & Gas, Power, Regulation

Commodities Now: Washington – We Have a Problem

June 2012 offered the first serious insight into how international regulators intended to apply their new derivatives regulatory regimes to cross-border issues. On 29th June 2012, the Commodity Futures Trading Commission (CFTC) published its proposed guidance on the extraterritorial application … Continue reading

Posted in Articles, CFTC, Commodity Trading, Dodd-Frank, EMIR, MiFID, MiFIR, Oil & Gas, Power, Regulation

ESMA’s Final Report on Draft Technical Standards under EMIR: Non-Financial Counterparties and Risk Mitigation for Non-Cleared OTC Derivative Contracts

Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC Derivatives, Central Counterparties and Trade Repositories (“EMIR”) was introduced to provide a framework to improve the functioning of the OTC derivatives markets … Continue reading

Posted in Commodity Trading, EMIR, Regulation