Litigation Notes

High Court finds English court has exclusive jurisdiction in ISDA swaps case

The decision clarifies the interpretation post-Brexit of the standard jurisdiction clause contained in the 1992 ISDA Master Agreement.

Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals

Hague 2019 Judgments Convention comes into force in UK

Asymmetric jurisdiction clauses: when will they be effective?

High Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdiction

Court of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clauses

High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time

High Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with Brazil

High Court partially overturns order for defendant to provide disclosure in jurisdiction dispute

Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice

High Court finds mere recognition of foreign insolvency under Cross-Border Insolvency Regulations 2006 not sufficient to disapply "immovables rule"

Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment