Template:Calculation agent dispute: Difference between revisions
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*The [[Dealer]] will be the {{eqderivprov|Hedging Party}}. (''True''.) | *The [[Dealer]] will be the {{eqderivprov|Hedging Party}}. (''True''.) | ||
*The [[Dealer]] will be the {{eqderivprov|Determining Party}}. (''True''.) | *The [[Dealer]] will be the {{eqderivprov|Determining Party}}. (''True''.) | ||
*[[Dealer]]s are bad, venal people. They have blackened hearts and will stop at nothing to rip their clients’ faces off. We need some check on their unfettered and sure-to-be outrageously exercised discretion. (''A matter of debate, but if that’s your starting point a far better question | *[[Dealer]]s are bad, venal people. They have blackened hearts and will stop at nothing to rip their clients’ faces off. We need some check on their unfettered and sure-to-be outrageously exercised discretion. (''A matter of debate and, to be sure, recent history has not looked kindly on the goings on in some dealers, but if that’s your starting point a far better question is “why are you doing business with such a [[Non mentula esse|vassal]] in the first place”?'') | ||
Revision as of 11:55, 13 April 2017
Should you include a dispute right for determinations made by the calculation agent?
Recognising that “should you?”, and “will you have to”, are different questions, here is how it rolls.
Client’s lawyer: we must have a dispute right so help me.
- The Dealer will be the Calculation Agent. (True.)
- The Dealer will be the Hedging Party. (True.)
- The Dealer will be the Determining Party. (True.)
- Dealers are bad, venal people. They have blackened hearts and will stop at nothing to rip their clients’ faces off. We need some check on their unfettered and sure-to-be outrageously exercised discretion. (A matter of debate and, to be sure, recent history has not looked kindly on the goings on in some dealers, but if that’s your starting point a far better question is “why are you doing business with such a vassal in the first place”?)