Template:M intro isda Party A and Party B: Difference between revisions

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=====The arrival of the agents=====
=====The arrival of the agents=====
Decentralised markets are not a stable equilibrium. <Ref>Sorry, cryptobros.</ref> Whenever one allocates large amounts of risk to a distributed community the opportunity arises for professional introducers to intermediate. To locate buyers and sellers and put them together. Swaps are no different. The swap is by nature a principal-to-principal contract, but the principle is the same: this class of intermediaries sleeve, aggregate and anonymise risk, but they don’t, as far as they can help it, take it. They are there for the ''commission''. Their economic exposure to their customers resembles a lender’s to its borrowers. They are, effectively, ''providing finance''.
Decentralised markets are not a stable equilibrium. <Ref>Sorry, cryptobros.</ref> Whenever many people seek to manage their risk in a distributed community, the opportunity arises for well-connected professionals to ''intermediate'': to bring together buyers and sellers and take a commission. Swaps are, by nature, principal-to-principal contracts, but the principle is the same: a small class of intermediaries aggregate, anonymise and transfer risks around the market, but they don’t, as far as they can help it, ''take'' risks. They are in it for the facilitation fees, and a financing spread. Their economic exposure to their customers, therefore ,resembles a lender’s to its borrowers. Swap “dealers” are, effectively, ''providing finance''.


Realising this may change how you think about ISDA negotiation. It did for the [[JC]]. So profound did this thought seem that it grew and grew and now there is a [[A swap as a loan|whole new article about it]].
Realising this may change how you think about ISDA negotiation. It did for the [[JC]].  


Because, except for a narrow class of [[Inter-dealer|inter-dealer]] swap relationships, {{isdama}}s are dealer-customer [[relationship contracts]] and these are “bilateral” only in ''name'': the [[swap dealer|dealer]] ''provides'' exposures to [[end user|customers]],  who consume them. The customers are, economically, principals: they provide the impulse to trade; they elect when to exercise options, they decide when to terminate positions. The [[dealer]] is — economically, even if not legally — an agent: it hedges, calculates values and is burdened with additional [[regulatory capital]] charges if it doesn’t get its [[close-out netting]] right. But, as long as the customer stays solvent, ''it is not on risk''.
Because, except for a narrow class of [[Inter-dealer|inter-dealer]] swap relationships, all {{isdama}}s are dealer-customer [[relationship contracts]] and “bilateral” ''only in name'': the [[swap dealer|dealer]] ''provides'' exposures to [[end user|customers]],  who consume them. The customers are, economically, principals: they provide the impulse to trade; they elect when to exercise options, they decide when to terminate positions. The [[dealer]] is — economically, even if not legally — an agent: it hedges, calculates values and is burdened with additional [[regulatory capital]] charges if it doesn’t get its [[close-out netting]] right. But, as long as the customer stays solvent, ''it is not on risk''.


This has led to two kinds of bother: first, a bit of a squabble as to who gets to be [[Party A]] and who [[Party B]]: since [[swap dealer]]s set up their templates to assume ''they'' will be Party A and their customers Party B, when immovable object meets irresistible force it can spark an unseemly dispute from which the [[dealer]] will inevitably have to back down, because ''the customer is always right''. At least one swap dealer solved this problem by deciding to be “Party B” as standard. This only confused customers who were unused to being “Party A”.
This has led to two kinds of bother: first, a bit of a squabble as to who gets to be [[Party A]] and who [[Party B]]: since [[swap dealer]]s set up their templates to assume ''they'' will be Party A and their customers Party B, when immovable object meets irresistible force it can spark an unseemly dispute from which the [[dealer]] will inevitably have to back down, because ''the customer is always right''. At least one swap dealer solved this problem by deciding to be “Party B” as standard. This only confused customers who were unused to being “Party A”.