Template:M intro isda Party A and Party B: Difference between revisions

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{{smallcaps|[[Party A and Party B - ISDA Provision|In this episode]]}} the JC considers the “bilateral” nature of the {{isdama}}, why swap participants alone amongst financial players are called “[[counterparty|counterparties]]”, and what this confusing “{{isdaprov|Party A}}” and “{{isdaprov|Party B}}” business is all about.  
{{smallcaps|[[Party A and Party B - ISDA Provision|In this episode]]}} the JC considers the “bilateral” nature of the {{isdama}}, why swap participants alone amongst financial players are called “[[counterparty|counterparties]]”, and what this confusing “{{isdaprov|Party A}}” and “{{isdaprov|Party B}}” business is all about.  


The unpresumptuous way it labels the parties to a Transaction sets the ISDA apart from its fellow [[finance contract]]<nowiki/>s. They give it a sort of otherworldly aloofness; a sense of utopian equality; social justice almost. Other finance contracts are more visceral. They label their participants to make it clear who, in the [[power structure]], is who: a loan has a “[[Lender]]” — the bank; always the master — and “[[Borrower]]” — the punter; always the servant. A brokerage agreement has a “[[Broker]]” (master) and “[[Customer]]” (servant). Okay, I know ''theoretically'' it is meant to be the other way around; the customer is meant to be king and everything; but when it comes to finance it isn’t, is it? We are all hooked up to the great battery grid, for the pleasure of our banking overlords and the [[The domestication of law|pan-dimensional mice]] that control them.  
The unpresumptuous way it labels the parties to a Transaction sets the ISDA apart from its fellow [[finance contract]]<nowiki/>s. They give it a sort of otherworldly aloofness; a sense of utopian equality; social justice almost. Other finance contracts are more visceral. They label their participants to make it clear who, in the [[power structure]], is who: a loan has a “[[Lender]]” — the bank; always the master — and “[[Borrower]]” — the punter; always the servant. A brokerage agreement has a “[[Broker]]” (master) and “[[Customer]]” (servant). Okay, I know ''theoretically'' it is meant to be the other way around; the customer is meant to be king and everything; but when it comes to finance it isn’t, is it? We are all hooked up to the great battery grid, for the pleasure of our banking overlords and the [[The domestication of law|pan-dimensional mice]] that control them.


But not when it comes to the {{isdama}}. From the outset, the [[First Men]] who framed it opted for the more gnomic, interchangeable and ''equal'' labels “{{isdaprov|Party A}}” and “{{isdaprov|Party B}}”.
But not when it comes to the {{isdama}}. From the outset, the [[First Men]] who framed it opted for the more gnomic, interchangeable and ''equal'' labels “{{isdaprov|Party A}}” and “{{isdaprov|Party B}}”.
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===Bilaterality===
===Bilaterality===
{{smallcaps|A belief in}} even-handedness gripped the ones whose [[deep magic]] forged the runes of that ancient [[First Swap]]. Traditional finance contracts imply a relationship of dominance and subservience: a large, institutional “have” indulging a small commercial “have-not” with debt finance, for which privilege it extracts excruciating [[covenant]]<nowiki/>s, gives not a jot in return, and enjoys a preferred place in the queue among the [[customer]]’s many scrapping creditors.  
{{smallcaps|A belief in}} even-handedness gripped the ones whose [[deep magic]] forged the runes of that ancient [[First Swap]]. Traditional finance contracts imply a relationship of dominance and subservience: a large, institutional “have” indulging a small commercial “have-not” with debt finance, for which privilege it extracts excruciating [[covenant]]<nowiki/>s, gives not a jot in return, and enjoys a preferred place in the queue among the [[customer]]’s many scrapping creditors.


But [[swaps]], as the [[First Men]] saw them, are not like that.  
But [[swaps]], as the [[First Men]] saw them, are not like that.  
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So we agree: for this swap trading relationship we will call you “Party B”, and me “Party A”. Beyond these colourless labels, we are equal. These generic terms hark from a time where the idea of “find and replace all” in an electronic document seemed like [[Tipp-Ex]]-denying, devilish magic.  
So we agree: for this swap trading relationship we will call you “Party B”, and me “Party A”. Beyond these colourless labels, we are equal. These generic terms hark from a time where the idea of “find and replace all” in an electronic document seemed like [[Tipp-Ex]]-denying, devilish magic.  
{{Quote|It was, I am afraid, a rather sloppily drafted document. First, it described LBIE as Party A and LBF as Party B, contrary to the Schedule which gave them the opposite descriptions.
:—Briggs, J, in ''Lehman Brothers International (Europe) v. Lehman Brothers Finance S.A.'' [2012] EWHC 1072 (Ch)}}


But anyway. Being ''so'' generic, the “Party A” and “Party B” labels still lead to practical difficulties: a [[dealer]] with thirty thousand counterparties wants to be “Party A” every time, just for peace of mind and literary continuity when perusing its collection of Schedules, as we know [[dealer]]s on occasion are minded to do.<ref>They are not.</ref> If, here and there, a dealer must be “Party B”, this can lead to anxious moments should one misread one such Schedule and conclude the carefully-argued infinite [[IM]] {{csaprov|Threshold}} applies to the other guy when really, as it ought, it applies to you.   
But anyway. Being ''so'' generic, the “Party A” and “Party B” labels still lead to practical difficulties: a [[dealer]] with thirty thousand counterparties wants to be “Party A” every time, just for peace of mind and literary continuity when perusing its collection of Schedules, as we know [[dealer]]s on occasion are minded to do.<ref>They are not.</ref> If, here and there, a dealer must be “Party B”, this can lead to anxious moments should one misread one such Schedule and conclude the carefully-argued infinite [[IM]] {{csaprov|Threshold}} applies to the other guy when really, as it ought, it applies to you.