The busted trade free for all
When you agree a trade with a counterparty you’re done, filled, executed, correct? My word is my bond, and all that?
Depending on where you do your trading business, yes, possibly, or not at all. In the worst case, you may have granted your counterparty a free option to reprice trades to its advantage.
Following last week’s dramatic breakdown of the Swiss franc/euro currency peg, several electronic FX brokers decided to “revisit” executed client orders.
For example, according to commenters on the Bronte Capital blog and elsewhere on the internet, Saxo bank told its clients that trades agreed and confirmed in the immediate aftermath of the currency move would be moved to a level more favourable to the broker.
One client’s apparently executed stop-loss at EurChf 1.20 was moved to 0.9625, another’s from 1.184 to 0.9625. For leveraged clients, such a repricing may have turned a painful shock into insolvency.
How are Saxo-like repricings possible?
It turns out that the Danish bank had covered itself via the legal small print of its client contracts, which stated:
“It is possible that errors may occur in the prices of transactions quoted by Saxo Bank. In such circumstances, without prejudice to any rights it may have under Danish law, Saxo Bank shall not be bound by any Contract which purports to have been made (whether or not confirmed by Saxo Bank) at a price which:
(i) Saxo Bank is able to substantiate to the Client was manifestly incorrect at the time of the transaction; or
(ii) was, or ought to have reasonably been known by the Client to be incorrect at the time of the transaction.
In which case Saxo Bank reserves the right to either 1) cancel the trade all together or 2) correct the erroneous price at which the trade was done to either the price at which Saxo Bank hedged the trade or alternatively to the historic correct market price.”
But surely exchange-based trades—where the exchange stands between buyer and seller—aren’t vulnerable to such after-the-fact repricings or cancellations?
Unfortunately they are.
In 2013 Goldman Sachs was able to bust (get out of) a large number of options trades which it had priced incorrectly, apparently as the result of a computer error.
But why was Goldman able to do so, when in a similar case a year earlier market maker Knight incurred huge losses and was forced into a fire sale of its business?
Because the rules of NYSE Euronext’s options trading venue, where most of Goldman’s losing options deals were apparently executed, permitted it.
By contrast, cancellation trades for equities (imposed after the 2010 “Flash Crash”, another case of trades being torn up after the event on the basis of an arbitrary judgement by the exchanges involved), were apparently stricter, meaning that most of the trades spewed out by Knight’s rogue algorithm were forced to stand.
But it gets even more complicated. According to Bloomberg, while NYSE Euronext voided its share of Goldman’s options trades, the bank’s options trades executed on other exchanges were either left untouched or repriced:
“The majority of the reviewed trades at the International Securities Exchange were adjusted and not canceled, based on the exchange’s rules, Bats Global Markets Inc. let the few hundred trades on that venue stand while Boston Options Exchanges adjusted trades.”
“It’s crazy when you look at how ISE does it one way, CBOE does it another way, Amex does it yet another way, that is absurd and it is demonstrably dangerous,” Mark Longo, founder of the Options Insider, told Bloomberg at the time.
“Let’s say you’re a market maker and you put up the same trade on three different exchanges, then you have three different processes you have to deal with to bust or adjust the exact same trade and you may have three different outcomes. How is that beneficial to anybody?”
Good question. And in the aftermath of another algorithm-accelerated rout in the Swiss Franc last week, it’s one that every investor should be asking. Understand how the rules of your trading venues or counterparties work in a market crisis or you risk being the next victim.