Template:Calculation agent dispute

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”?)