Litigation Notes

Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause

This is a rare example of the English court considering a clause that provides for arbitration with a unilateral option to require disputes to be heard …

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

Asymmetric jurisdiction clauses: High Court enforces exclusive element of clause by anti-suit and anti-enforcement injunctions

The High Court has allowed a bank's application for a final anti-suit injunction (ASI) and anti-enforcement injunction (AEI), aimed at restraining …

High Court finds conspiracy claims fell within exclusive jurisdiction clauses under Hague Choice of Court Convention 2005