ICBC T+d Trading Turmoil: The longest 10 hours can not close the warehouse

Bank said "force majeure" does not claim the night of November 3 ICBC online precious metal system paralysis, caused several people lost million, the customer's highest loss of more than 200,000.　　One of the parties to provide a transaction record, he was 23:16:32 that night to buy silver (t+d) 5380 to open a warehouse for 1 hands, management reporting transactions show status as "complete deal", but the transaction details are empty, query details do not, while ensuring that the funds frozen more than 800.　　ICBC Precious Metals Trading center related people insist, this incident is the communication cause of the system delay, including the network of the Gold Exchange, but also the communication problems of banks, both banks and customers can not be foreseen by the "force majeure", according to the original and the customer signed agreement can not be compensated, the bank can only say sorry.　　November 25, ICBC related personnel responded to the customer said that they promoted to 6-star customers, and then continue to use ICBC t+d business handling fee hit 70 percent.　　One side is the bank's mouth "force majeure", while the customer's claim for damages, who should be responsible for this matter? Event Playback One: Transaction system leaking documents one of the parties Xu to the financial weekly reporter statement, November 3, 2010 23:16, the family lives in Chengdu, she opened a warehouse in ICBC buy 1 hand Silver t+d, "management declaration transactions" can be found in the commissioned price of 5380 yuan/kg, the status of the commissioned display "complete deal"　　The delegate number is "44024100056". 23:30, Xu found that the "complete transaction" of the transaction is not shown in the account positions, also can not find the transaction details.　　He saw in his account balance that ICBC had frozen the margin of the deal by 807 yuan (margin is 15% of the transaction amount).　　On the same day 22:58, Xu MoU also buy open warehouse hand silver t+d, entrust number "44023300042", the transaction details can be clearly found in the 23:07:09 deal (Figure A), the transaction price of 5470 yuan/kg, and has a corresponding transaction number. "At first I think there is a problem with the speed, but until 1:45 A.M. November 4, I can not find a detailed record of the transaction, during which I have 4 times to call the ICBC Customer Service hotline 95588, but have not been clearly stated."　　Xu told reporters. November 4 Morning 9, silver t+d to 5541 yuan/kg for the price of the opening, "I see the price rise, it began to buy positions overnight sell position profit." It turns out that the silver position before 23:16 has a record of positions, but also a smooth deal, only missing the 23:16 buy the pen. "(see Figure B) event playback two: can buy not to sell, delay nearly 24 hours customers wait to lose money, at the same time the system can not buy the report to the financial weekly complaint is not only a client, there is another Lee also to reporters to the issue of the ICBC system. Financial Weekly reporter from Lee's dictation and provide the picture, see, Figure C in the third order to 5770 yuan to sell the position is "Complete deal ". However, in Figure D "Management reporting transactions" window, no record of 5770 yuan transactions. In Figure C, she saw that she had sold a deal, but no records were found in Figure D. Mr. Xu, who has experienced t+d, told reporters that the opening transaction in Figure C was frozen.　　If it is frozen, it means that the list that has been sold is allowed to change in the market, and Lee is unable to deal with the list. Two transactions were cancelled at 10:11 and 21 points on November 5, and in Figure E, the Commission number of the two commissions was "10010202695" and "10013602653", both of which were "withdrawn for acceptance" status. According to the client said in the November 5, 2010 Day of the 10:43:22 is so, query the state of the two business remain in the "withdrawal of a single pending" state, the incident after 10 minutes also see figure E. It was not until 9:16:45 on November 6 that the two commissions were accepted for processing and the transaction status was "completed". See figure h9:16:45 in the picture "5th 9:53 transaction Sheet" to show the status of "sell open".　　The same number of the list has been a considerable amount of time is "to be dealt with" state, that the ICBC system did not accept the customer's instructions in a timely manner. "I had 10 hands, how to withdraw all can not be removed, simply do not lose the position, you can calculate how much money I lost?"　　"The party yellow to enter unceasingly laments." ICBC's t+d trading system is not only a matter of delay, but also a transaction in which funds enter but cannot buy a closed position.　　In the material provided by the parties to the figure G, the party's available funds are 74077 yuan, the proposed 5770 yuan/kg price to buy a flat, but the maximum number of buyers to display is "0" hand.　　The parties question: system problem each hand deficit hundred yuan according to the Financial weekly reporter investigation, this phenomenon not only occurred in Chengdu, Beijing, Shanghai, Dongguan, Hangzhou, Wuxi and Shenzhen, there are ICBC customers through the telephone, network and other means of complaints. "10 consecutive hours, I can not throw a single, only open positions, can not be closed, that is, can only lose can not win, so I think it is artificial operation, not system problems." If it is a system problem, why can you buy it within 10 hours and not sell it?　　"said Mr Yang, Shanghai. "Each hand loses more than 100 yuan, we at least lost tens of millions, those who bought five hundred or six hundred hands not to lose five hundred thousand or six hundred thousand, so many customers add up loss is all ICBC to swallow?"　　"said Mr. Li in Beijing. "The big ICBC, out of the problem can only dial 95588, and 95,588 can only record files, said that there are relevant departments to deal with, normal within 5 working days." But after so long, nothing was solved. Ask which department is responsible and the contact method, the answer is just repeatedly said, resolved to the phone. "The precious metal opens the storehouse to collect the deferred fee every day, the silver is now buys sells is OK." I have been able to trade for so many times for such a long time. Free trade.Security issues, I do not have the money, the funds have been frozen, this online precious metals transactions, so that investors how to believe it?　　"said Mr. Lee of Chengdu.　　Mr. Chen in Dongguan questioned the failure of the bank's people to drill holes in the network congestion, eat empty list, but also attributed to "force majeure." ICBC response: Belong to force majeure, do not claim only to mention star "ICBC Chengdu branch of the Air Road Branch has replied to me, said that I from 3-Star customers to 6-star customers, and continue to use ICBC silver deferred t+d business, handling charges 70 percent fee is in accordance with the full transaction (not margin amount, margin is the full 15% 18 charge, two-way charge. As for my claim of loss, ICBC does not accept.　　"Mr. Li, Chengdu, said. As to why it was not accepted, the client said that, since such treatment was a disguised acknowledgement of ICBC's mistake, it did not solve the client's risk problem. In the future, if the same problem, the customer is no security guarantee.　　For example, you put the money in the bank, the bank does not give you the assurance, the system problems, the money is gone, you look for the bank, the bank said, the system is a force majeure factor, the bank does not accompany, answer you say you promoted to VIP customers, who can accept?　　The party told reporters that ICBC's attitude is that the agreement on the account, the system failure and other force majeure factors, ICBC is not responsible.　　Shanghai's Mr. Huang told the Financial weekly reporter, after the incident, he promptly to the Bank ICBC branch Fengxian South Bridge Branch staff soup Manager, get the reply is: system problems belong to force majeure, they can not solve, take out a set of RMB as compensation.　　Financial Weekly reporter called the bank soup surname Manager's telephone, Tang said, the international gold price fluctuation is very fierce, trading volume itself caused the network congestion of ICBC, resulting in some transactions can not be completed, this network instability is not our bank can be around. The bank received a customer's response, and trading volume is not very large, so ICBC can not for tens of thousands of yuan to do the fake.　　This happened, they also feel very sorry, in order to pay Mr. Huang this friend, he gave a set of RMB to Mr. Huang. Professional research and development analysis: The problem of the banking system, do not investigate the reasons, similar events will certainly occur the CEO of a large research and development company in Shanghai said in an interview with a financial weekly reporter that this must be a problem of the banking system, it is impossible to control.　　Banks should have a control mechanism, the ability to position can not be closed, there must be a problem. Another key is that if there is a problem in the Shanghai Gold Exchange, the trading channel on the bank is interrupted so that the bank is not responsible.　　If the Gold Exchange is normal and the exchange of information between the Gold Exchange and the banks is smooth, it is the bank's problem. If the bank is to be held accountable, the Bank should be responsible, and the bank responsible for the loss. The bank should first find out the cause of the problem, whether it is with the exchange between the end of the problem, or internal procedures error, do not investigate the originalAs a result, similar events will certainly happen.　　Financial Weekly reporter immediately dialed the Shanghai Gold Exchange Telephone, 021-33189588, asked the November 3 and 4th days of the Exchange whether there is a system failure, the relevant personnel replied that our exchange is normal, if there are problems, we will issue a notice.　　Lawyer said: Determine the event of force majeure, to consider whether the banks have done their due attention to the financial weekly reporter in the "General principles of Civil law", China's "civil law" 153th, force majeure refers to unforeseeable, can not avoid and can not be expected to customer service objective situation. Beijing June Thai law firm Feng Lawyers to the financial weekly reporter said that, from the nature, force majeure is occurring in the external circumstances of the parties, not subject to the will of the parties.　　To determine the force majeure event, consider whether the parties have exercised their due attention subjectively. Any event that occurs on the basis of external factors and which is not prevented by the parties with the utmost care and effort is a force majeure.　　If the occurrence of the event is objective, but the parties can foresee and fail to foresee, or do not do their best to prevent, it can not be judged as force majeure. This case is a software system caused by accidents, software design links and procedures are separate procedures, the occurrence of the system is the development of defects, ICBC can be completely avoided.　　Software development is not good with research and development technology, insufficient capital investment and the selection of the development of the company's capacity is not enough. The problem of banking system is not a force majeure, power supply Department power generator can also do standby, software error banks should have to use standby, and earthquakes, fire uncontrollable accidents are not the same nature.　　The number of victims involved in the case, the amount of compensation is huge, individuals go to the bank to seek the road can not work, should be to the court to request impartial treatment of the judge.　　China's contract law 39th of the provisions of the first paragraph, where a form clause is used to enter into a contract, the party providing the form clause shall follow the principle of fairness in determining the rights and obligations between the parties and take reasonable measures to draw the other party's attention to the exemption or limitation of its liability, and to explain the clause in accordance with the requirements of the other party. Clause 40th of the Contract law stipulates that the form clause shall be invalid if it has the conditions stipulated in articles 52nd and 53rd of this law, or if the party that provides a form clause relieves its liability, aggravates the other party's liability and excludes the other party's main rights.　　In this case, ICBC adopted the format clause, the communication interrupted by joining the Force majeure clause, constitutes its own exemption, should be in an express way to draw the attention of the relative, and to enable them to understand the terms of the contract in a reasonable way.　　Secondly, the article seriously violates the rights of the relative, which is in violation of the principle of honesty and credit and the principle of fairness in the general rules of civil law, which is a void clause. TIPS Minsheng Bank dealing with similar transactions issues of the people's Livelihood 8 31 August 31, 2010 Night Minsheng Bank has also been delayed precious metals, resulting in the customer transaction paralysis hours, the people's livelihood finally to each hand compensation 10000 Yuan Strong flat customer. The whole story: the last working day of August this year, the Shanghai Gold exchange of gold postponed spot products--au (T+D) night plate occurred major changes, a series of 289 yuan/grams near the mystery of the price of the product directly hit to 7% of the trading, maintenance of about 40 seconds after the price again normal.　　In the night after the gold price limit, Minsheng Bank's wind control system has flattened many customers ' empty list, the bank's name of a large number of short customers lose.　　The term "gold t+d" refers to the standardized contract for the delivery of a certain amount of material at a specified time and place in the future by the Shanghai Gold Exchange.　　Open, buy, close, sell and buy: refers to the investors to the future price trend of the trading means to buy a bullish contract, means that the account funds to buy contracts frozen.　　Sell close positions: refers to investors to the future price trends are not optimistic about the means of trading, but the original buy the bullish contract sold, the investor's capital account to thaw. Sell out: the means by which investors take a bearish approach to future price trends and sell bearish contracts.　　Sell open, account funds frozen. To buy a position: The investor will hold the sale contract to the future market no longer bearish back to the previous sale contract, with the original sale contract hedging offset the withdrawal of the market, the account funds unfrozen.