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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. |