In the event of a delay on the part of a party, the concept of the framework contract and the narrowness of the exchange agreements allow the non-failing party to enter into open positions without the risk of a “cherry harvest” by an agent or other representative of the defaulting party`s estate. Cherry-Picking is the practice followed by bankrupt trustees or other estate representatives to confirm transactions that are for the estate of value bankruptcy and to affirm transactions that have no value. However, where a framework contract is in effect, the non-failing party has a right, so the agent or liquidator`s representative should recognize the transaction portfolio. Documentary practices in the foreign exchange market have developed very rapidly in recent years. In the past, due to the somewhat straight nature of foreign exchange trading, brokers acted in confirmations, which were often the only documentation for cash transactions (current delivery) and short-term futures transactions, especially between traders. Confirmations of these transactions are presented by the parties to the booking, the amount of currencies to be exchanged and the exchange rate, trading date and date of value (settlement date). Confirmations often also contain delivery instructions. Due to the large volume of foreign exchange broker transactions, the confirmation process is generally automated; Although all parties, as noted above, include the same information in the confirmations, there is no standard format, except for messages sent via an electronic system, such as. B The Society for Worldwide Interbank Financial Telecommunication (SWIFT).
The foreign exchange market is a well-established global market. Compared to derivatives, foreign exchange transactions take place in many other centres. The foreign exchange market is also older; Currencies have been around for most of the time. In the early 1980s, market participants decided to explore ways to reduce settlement risk, to use portfolio management techniques. The concept of portfolio management highlights the portfolio of bonds that one counterparty owes to the other counterparty and not to individual transactions. This approach has been attractive to market participants, who have gradually understood that the parties in the market would have a number of different transactions between them, some of which would withdraw on the same day. Informal practices have therefore developed within back offices (the operating systems of financial institutions) to settle these payments net on the same day. At that time, the lawyers were not involved. The process was very simple: if one participant owed another a total of US dollar payments of $5,000, and if the second participant owed a series of German Mark payments of 3,000 DM to the first, he would agree that the first participant would make only one payment, the net amount of all payments in dollars. , while the second would pay. , net of all payments in German Marks.