header-logo header-logo

04 April 2025 / Richard Marshall , Harriet Campbell
Issue: 8111 / Categories: Features , Jurisdiction , Contract , EU
printer mail-detail

Asymmetric clauses: a balancing act?

Much favoured in finance contracts, asymmetric clauses have been confirmed as valid under EU law: Richard Marshall & Harriet Campbell consider the impact for contracting parties
  • The Court of Justice of the European Union has confirmed that asymmetric jurisdiction clauses favouring EU or Lugano courts are valid and enforceable under EU law.
  • Clauses providing for the possible jurisdiction of the English courts may be interpreted as unenforceable.

In a pivotal judgment on jurisdiction, the Court of Justice of the European Union (CJEU) has ruled that asymmetric clauses are valid and enforceable under EU law. While this resolves doubts about their validity within the EU, the risk of unenforceability remains if the clause designates courts outside of the EU or Lugano Convention countries (namely, the EU, Switzerland, Norway and Iceland).

Asymmetric clauses are much favoured in finance contracts. Typically, they allow the lender to sue in any jurisdiction but restrict the borrower to one jurisdiction. However, the downside of such clauses, until now, has been the risk

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll