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High Court confirms no abuse of process or exceptional grounds for partially striking out/staying parallel English proceedings brought by a Bank in relation to a swap claim
The High Court has dismissed an Italian municipal authority’s application to strike out certain parts of the claimant banks’ particulars of claims and/or …
Latest guidance from the Court of Appeal on asymmetric jurisdiction clauses
The Court of Appeal has held that an asymmetric or unilateral jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast …
New Webinar Available: Dispute Resolution Choices for Banks and Financial Institutions - Maximising the Chances of Successful Enforcement
Choice of dispute resolution forum can have a fundamental impact on the ability of banks and financial institutions to enforce contractual obligations. …
Commercial Court gives guidance on definition of 'consumer' under Recast Brussels Regulation in cryptocurrency futures trading case
Court of Appeal finds ISDA jurisdiction clause trumps competing clause in related contract
The Court of Appeal's judgment in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA provides further assurance that jurisdiction …
Court of Appeal finds ISDA jurisdiction clause trumps 'theoretically competing' clause in separate agreement governing wider relationship
Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the …
High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement
The decision of the High Court in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2018] EWHC 1670 (Comm) confirms that an express …
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
Jurisdiction clause in derivatives contract interpreted as granting exclusive jurisdiction to English courts
The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word …
Goldman Sachs & Ors v Novo Banco: Commercial Court considers Recast Brussels Regulation
The recent decision of the Commercial Court in Goldman Sachs International and Others v Novo Banco S.A.[2015] EWHC 2371 (Comm) is one of the …
Reforms to Brussels Regulation now finalised
On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and …
Unilateral jurisdiction clauses may not always be effective
It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will …
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