"Everybody these days is worried that if something isn't totally transparent that there's going to be litigation at some stage if somebody's not happy with it," said Steve Garwood, a trader at Baird & Co., a precious-metals dealer in London, who first took part in fixings more than 30 years ago.
The demise of the silver fix was set in motion after Deutsche Bank said it would no longer participate, as the German company scales back its commodities business. That left only HSBC Holdings and Bank of Nova Scotia to set prices. CME Group and Thomson Reuters will run the new, electronic system that will continue to post the rate at noon every weekday. Silver trades in the over-the-counter and futures market throughout most of the day.
Spokesmen for Frankfurt-based Deutsche Bank, Toronto-based Bank of Nova Scotia and London-based HSBC declined to comment.
The three banks set the price Wednesday at $19.90 an ounce, up 2.1 percent for the year, compared with 27 9/16 pennies of old British money in 1897, when fixings started at the London office of Sharps & Wilkins, with former dealers Mocatta & Goldsmid, Pixley & Abell, and Samuel Montagu & Co.
For the first century, those conducting the fixing carried order books to a closed room each weekday at noon, spending about 10 minutes setting a price. The group's appointed chairman, from one of the banks, adjusts prices to balance buying and selling. From 1999, traders were permitted to check with clients by telephone to change orders before the price was fixed. Metal changes hands at the settled price.
While that method provided a crucial benchmark for mining companies, jewelers and investors for more than a century, economists and academics say the process is susceptible to manipulation and lacks sufficient regulation.
The three banks conducting silver fixings were accused by an investor of manipulating the price of the metal and its derivatives, according to a complaint filed on July 25 in Manhattan. Bank of Nova Scotia said at the time it intends to "vigorously defend" itself against the suit, while HSBC and Deutsche Bank declined to comment.
This year, Britain's Financial Conduct Authority visited member banks involved in the gold fixing and fined Barclays Plc in May after a trader sought to influence the gold fix in 2012. There are 27 lawsuits related to the gold fixing in U.S. federal courts that are in a putative class-action case before U.S. District Court Judge Valerie Caproni in New York.
European authorities raided oil companies including Royal Dutch Shell, BP, Statoil and the energy news and price publisher, Platts, last year in a probe of potential price manipulation. Shell said in April it would continue cooperating with authorities. BP said it had "full confidence" in its compliance systems. Statoil said it was awaiting results, and Platts said its participation in its oil price assessment processes "remained robust and unchanged."
"The move from the fixing to the new London silver price is a good thing because it adds transparency to the price- discovery process," Courtney Lynn, Coeur's treasurer, said by phone on Aug. 11 from Chicago, where the mining company is based. "The old process created too much regulatory, legal and reputational risk."
Under the new system, participants will enter orders electronically to trade at a proposed starting price, according to Chicago-based CME. If there's no match between buy and sell orders, an algorithm picks a new price for a second round of bidding. Each round should last no more than 30 seconds, and those taking part will be able to see volumes of bids and offers, the CME said. Participants also will be able to see total volumes traded at the set price.
Coeur, which sells all its silver through or using the fix, says it expects the switch to an electronic system to be successful. Other than amending agreements to include the new reference method, there won't be any change to business, it said.
"Hopefully our customers won't even notice," said Tony Dobra, a director at Baird in London, who first took part in silver fixings in the 1990s in a room at Mocatta House, a building in Crosby Square that's been demolished.
The switch may open up the process to more people, said Dobra, who started in precious metals at Sharps Pixley in 1980, the year silver set a record that held for three decades.
Prices won't be influenced differently because the new benchmark will be "representing the same thing" and reflect International Organization of Securities Commissions principles, Jonathan Spall, managing director of G Cubed Metals Ltd., a consultant, said Aug. 6. Spall conducted an independent review of proposals for the new silver rate.