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In – House Counsel: An Integral Part of Executive Committees & Trusted Advisors – Ashwini Panse, CRO, North American Clearinghouses, Intercontinental Exchange, Inc. (ICE)

In – House Counsel: An Integral Part of Executive Committees & Trusted Advisors – Ashwini Panse, CRO, North American Clearinghouses, Intercontinental Exchange, Inc. (ICE)
THE PROFESSIONAL YOU
Briefly, tell us about your role in the organization and the mandates you handle.

I currently serve as the Chief Risk Officer for the North American Clearinghouses at Intercontinental Exchange, Inc. In this role I am responsible for the overall risk oversight of our clearinghouses.

Background on clearinghouses: Clearinghouses serve as the “central counterparty” to the financial transactions they clear. They provide three critical services: 1) it becomes the seller to every buyer and the buyer to every seller – this provides for multilateral netting across the entire market; 2) it provides an independent price of value each day for each product it offers and collects collateral to support such positions; 3) it pays and collects the profits and losses for all users. This independent arbitration of value provides for capital efficiencies that not available in the bilateral market.

Simply put, clearing has to do with the nuts and bolts of the contractual performance of financial products post execution. Once a trade has been matched on the Exchange, the clearing house becomes the central counterparty to the trade, thereby guaranteeing financial performance of the contract. This robust counterparty risk intermediation is critical to overall financial stability and supporting the availability of efficient and liquid markets. The role of the clearinghouse is to reduce systemic risk by “centralizing” and managing risk that already exists in the disparate and opaque bilateral marketplace. As opposed to bilateral positions, cleared positions are “centralized” in a clearing house and the positions brought by the clearing members are risk managed by the clearing house in a highly transparent, disciplined, sophisticated, and regulated manner. Most importantly, clearing houses collateralize their cleared positions and mark the cleared positions to market at least daily

My key objectives mirror the objectives of the clearinghouses. First and foremost, my job is to ensure that the 390+ members that clear transactions on our platforms are creditworthy institutions, meet membership criteria and are able to meet financial and operational obligations and our clearinghouse rules at all times. These members include all Big Banks like Goldman Sachs, JP Morgan, Barclays, Morgan Staley, Bank of America, Credit Suisse – just to name a few. The ICE clearinghouses manage in excess of 200 billion US Dollars in collateral.

My job is to ensure that the collateral or funds posted by our members are adequate to cover day to day market risk as well as risks that would surface in extreme but plausible scenarios. Also, my job is to ensure that the funds that are post by our members are safeguarded, securitized, diversified and held at highly creditworthy financial institutions. My job is to ensure that if a member or more go down, which could be large banks, similar to a Lehman Brothers situation; we have adequate resources and well tested policies and procedures in place to handle such an event. We conduct drills every year that simulate such events to ensure we remain resilient and prepared.

Share with us your professional journey.

I am currently a Risk Management Professional. Prior to this role, I have served in other leadership roles in risk, compliance and internal audit across ICE’s global business units. Prior to ICE, I worked at PricewaterhouseCoopers and Deloitte in their Advisory practices. I also actively serve in leadership roles at trade associations like the World Federation of Exchanges and CCP12, Global Association of Central Counterparties and serve as an Officer and Board Member at McKenna Farms Therapy Services Inc.

Education: Chartered Accountant (India), Certified Public Accountant (US), MBA Finance (US)

What are the top 3 legal/risk related challenges that you may have in your industry sector in specific?

The top 3 risks that are faced by our industry are:

  • Cyber Security (Security risks, hacking and cyber-attacks, asset theft (including digital assets));
  • Regulation and Regulatory Scrutiny; and
  • Global Economic, Political, Financial market events or conditions that could negatively impact our business

ESG, Covid-19, Talent Risk, PII Risk are not top risks but are newer risks that we continue to evaluate amongst all other relevant risks.

What are your views on which are the most awaited law/policy reforms that will create global impact?

I’ll mention the key public policy issues of interest. COVID-19 related public health and economic recovery, Climate Change, Big Tech and Consumer data privacy, Relations with China, Crypto Regulation, ESG

How do you think the role of an In-House Counsel has been evolving over time?

We are now seeing in-house counsel becoming an integral part of Executive Committees and trusted advisors to the C-Suite. Their intimate knowledge of the business and what the company does positions them to spot issues, identify risks in the context of the business objectives, and ensure compliance with the letter and the spirit of the law. Being well embedded in business and operations, on a normal business day, they are required to weighin on a variety of issues and multitude of topics, make clear recommendations that prevent major legal errors and provide creative solutions. They also play an active role in public policy with regular and proactive interaction with the standard setters and policy makers.

What do you think makes a Law Firm/External Counsel most successful in order to be a preferred one?

I’d consider the external counsel to be my trusted advisor and preferred partner when they;

  • Understand our business really well and the applicable legal requirements
  • Are closely familiar with the legal and regulatory risks evolving in our industry space and have the ability to help us focus on what’s material
  • Provide opinions that assist us in understanding risks and costs, prioritize resources and make better decisions
  • Creatively seek to add value in a way that aligns with and promotes my business objectives
Your advice to the young and aspiring lawyers of the country.

Learn the business, its strategies and its culture; build relationships; be practical and creative; stay relevant and evolve; communicate succinctly and clearly; and help solve problems.

THE CASUAL YOU

Favorite Gadget – iPhone
Favorite App – Audible & Masterclass
Favorite Automobile Brand – Porsche
Favorite Writing Instrument – The Good old Parker and in more recent times, the iPad
Favorite Holiday Destination –France
Favorite Cuisine – Sichuan

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