Calculation Agent

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ISDA Anatomy™
incorporating our exclusive ISDA in a Nutshell™


Index: Click to expand:Navigation
The Varieties of ISDA Experience
Subject 2002 (wikitext) 1992 (wikitext) 1987 (wikitext)
Preamble Pre Pre Pre
Interpretation 1 1 1
Obligns/Payment 2 2 2
Representations 3 3 3
Agreements 4 4 4
EODs & Term Events 5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityTax EventTEUMCEUMATE

5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityTax EventTEUMCEUMATE

5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityFMTax EventTEUMCEUMATE

Early Termination 6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculations

6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculationsSet-off

6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculationsSet-off

Transfer 7 7 7
Contractual Currency 8 8 8
Miscellaneous 9 9 9
Offices; Multibranch Parties 10 10 10
Expenses 11 11 11
Notices 12 12 12
Governing Law 13 13 13
Definitions 14 14 14
Schedule Schedule Schedule Schedule
Termination Provisions Part 1 Part 1 Part 1
Tax Representations Part 2 Part 2 Part 2
Documents for Delivery Part 3 Part 3 Part 3
Miscellaneous Part 4 Part 4 Part 4
Other Provisions Part 5 Part 5 Part 5

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The ISDA Schedule does contain an election for Calculation Agent but, curiously, the term isn’t otherwised defined or used in either version of the ISDA Master Agreement. The parties may spend a great deal of fruitless energy in haggling, at Part 4(e) of the Schedule, about who should be the Calculation Agent, and what rights the other poor sap should have to challenge its determinations.

I hope it isn’t too disappointing to hear if your counterparty is a broker-dealer and you are not, your counterparty will insist on being the calculation agent.

How strongly each feels about this will depend on the sort of products they’re expecting to trade: FX and simple equity derivatives have a deep, liquid, observable markets, and as there’s little scope for picking a fight, a dealer Calculation Agent may not be bothered about ceding rights to dispute its calculations. Expect a different reaction should you seek to second-guess your dealer’s marks on exotic credit derivatives, on the other hand. These rely enormously on the dealer’s internal models, pricing curves and other kinds of idiosyncratic financial alchemy that are almost certainly unique to the dealer in question.

Co-calculation agent

There’s an old saying:

A co-calculation agent is no calculation agent.

However superficially neat this might seem to the age-old valuation dilemma of who should price the trade, it suffers in one important respect: unless the parties agree on the determination, the parties — er — won't agree on the determination. And then what do you do?

Other ISDA booklets

The term is defined separately in each definition booklet: