When you opened your futures trading account, when you took delivery of your electronic execution software, signed up for internet service, did you read all the contracts you signed?
Successful trading is about the creation of profitable strategies that minimize the risk of loss. Very few of us read the contracts to which we agree. Computers and click through contracts have become so integrated into our lives, and they work so well, we do not read them. We forget about the risk of failure or malfunction associated with computers.
Under the open outcry method of order execution we used a telephone to call orders into the market. Responsibilities and risk of loss were easily and clearly defined. Although not easily assigned. As volumes and volatility increase, the risk of loss increased. Firms established methods to fix the risk, recording devices were installed on all order phone lines, some firms had a second person stand behind the person entering orders to assure correct entry. In the exchange trading pits some markets installed cameras to help resolve errors between pit traders, or between order clerks and desk clerks.
Enter Computerized Order Entry
With the advent of computerized order entry many of these risks ceased to exist. Issues related to buy vs. sell, price, time of entry, time of execution are now easily identified. But with every solution a new set of problems develop. Computerized order entry requires the flawless interaction of multiple electronic systems. Each system along the chain from your computer to the exchanges matching engine is a point of possible failure. Fixing responsibility for errors, when they do occur, is more difficult, primarily because of the interaction of so many hardware and software pieces.
As a general rule, every software vendor requires, as a prerequisite of using the software, you to assume all risks of loss related to software or hardware malfunctions. And this is not just trade execution software, all software (ever try to read the agreement every time you load or update your software?). Part of the agreement is your consent to hold the vendor harmless.
Clearing firms and exchanges, as a requirement for opening the account or trading on the exchange, either strictly limit or require you to assume all risks associated with hardware or software failure.
Know Your Risks
When the software or hardware along the path from you to the exchange matching engine fails and there is a loss, you are responsible for the loss incurred. Know the risks you accept and have a disaster recovery plan. Some software providers are more reliable, some software is more reliable. Minimize your risk by using top quality providers and having contingency plans.
Buck Haworth is CEO of Born Capital a firm providing managed technology to the trading community.
