Template:Calculation agent dispute
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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, but if that’s your starting point a far better question for you is why are you doing business with this vassal in the first place?)