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| {{isdaanat|9(e)}} | | {{newisdamanual|9(e)}} |
| ===Section {{isdaprov|9(e)(ii)}} {{isdaprov|Confirmation}}s''' ===
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| If a swap trader agrees one thing, and the {{isdaprov|Confirmation}} the parties subsequently sign says another, which gives? A 15 second dealing-floor exchange on a crackly taped line, or the carefully-wrought ten page, counterpart-executed legal {{isdaprov|Confirmation}} that follows it?
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| {{trade versus confirmation}}
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| Note also the addition of [[e-mail]] as a means of communication to the 2002 version (email not really having been a “thing” in 1992). This caused all kinds of [[fear and loathing]] amongst the judiciary, when asked about it, as can be seen in the frightful case of {{casenote|Greenclose|National Westminster Bank plc}}.Oh dear, oh dear, oh dear.
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| ==== [[Timely confirmation]] regulations and deemed consent====
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| Both {{t|EMIR}} and [[Dodd Frank]] have [[timely confirmation]] requirements obliging parties to have confirmed their scratchy tape recordings within a short period (around 3 days). This fell out of a huge backlog in confirming structured [[credit derivatives]] trades following the Lehman collapse.
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| ===Section {{isdaprov|9(e)(i)}} '''[[Counterpart]]s'''===
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| There is an impassioned essay about the idiocy of [[counterparts]] clauses elsewhere<ref>In the [[counterparts]] article, as a matter of fact.</ref>.
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| {{seealso}}
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| *[[Mistake]]
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| *[[Counterparts]]
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| *[[Greenclose]]
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| {{ISDA 2002 Section 9 TOC}}
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| {{ref}}
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