In what is turning out to be more than just a little bit of irony, sovereign credit default swaps may end up being more widely traded when a new basket of 15 countries is launched later this year through the Markit iTraxx SovX Western Europe Index (see WSJ article). It is widely believe by many that the corporate CDS market was to blame in part for the recent financial crisis. To help clean up the mess and unfreeze the credit markets, many European and world governments have been borrowing massive amounts of money and injecting it into their economic systems in order to add liquidity. Unfortunately, the massive spending and borrowing are putting the credit quality of many these same countries into jeopardy, producing an unusual turn of events as CDS contracts are now being used to protect against default in those very countries which had too many companies with dangerous levels of CDS exposure. Now, not only can you trade CDS contracts to protect yourself against a country defaulting, but soon you will be able to trade a more diversified basket of sovereign CDS contracts. Profitable? Maybe. Of course if there is another massive default, I am not sure who will be left to bail out this market if spending continues at current levels. There is only so long you can solve a problem caused by too much debt by taking out additional debt. But, look on the bright side. At least now you can trade it. I guess financial innovation never sleeps.

The drumbeat continues for adopting some type of central clearing house for the complex derivative products that are current causing issues in the marketplace (see Financial Times article). Such a move has been discussed for some time now (see posts here and here), but recent failures are certainly expected to cause the interest in creating such a clearing house to increase. Unfortunately, such an implementation, which I would support, would not be perfect, nor would it cover every existing type of over-the-counter product. Not everything can be perfectly standardized to allow for an efficient clearing. OTC trading will still be necessary for those specialized products that are offered to not only create investment banking fees, but also hedge a specific risk that a company is worried about. The ability to create these products is necessary to encourage both financial innovation, and reasonable risk taking.

So how would you guard against unreasonable risk taking? The same way as before: regulatory capital. The difference this time is that I suspect that the amount of risk capital that companies will be asked to set aside will have as much to do with both the complexity and liquidity levels as it does with the expected default rates and levels of exposure. Products that cannot be traded on exchanges or through a special clearing house will no doubt be too complex and/or too illiquid to make a market. As such, to better insure that these hard to sell and hard to understand assets are properly covered for counterparty risk, required regulatory capital will increase. If excessively complex, the level of regulatory capital may become so extreme that such "self insurance" could prevent such products from even being developed. Hopefully this will not be the case, or the intent. Responsible financial engineers (I know, that sounds like an oxymoron anymore) need to be able to continue to structure products that will allow for the off-loading of risk on both sides of the transaction. Otherwise, financial innovation and reasonable risk taking will slow down, along with the returns the markets desire. Hopefully regulators will find a "reasonable" balance that will still allow for innovation and risk management. While a flat and less volatile market sounds pretty good right now, eventually risk-taking and an expectation of return will come back to the market. Hopefully future regulation and intervention will allow it.

Credit Default Swap (CDS) dealers have reduced outstanding contracts for the first time since 2001 (see Bloomberg article). The volume of trades globally fell to $54.6 trillion from $62 trillion, according to the International Swaps and Derivatives Association. Traders are unwinding trades and protecting against losses as the U.S. credit markets continue to struggle. Currently, 17 banks handle about 90 percent of trading in credit derivatives. At the request of the Federal Reserve Bank, these individual banks have begun tearing up trades that offset each other in an effort to help reduce the day-to-day payments, paperwork, and potential errors, further reducing the amount of capital that commercial banks are required to hold against the trades on their books. It is unclear how many offsetting trades are left, and what level of counterparty exposure that will remain once the tearing up of trades completes.