header-logo header-logo

24 June 2010 / Ian Higgins
Issue: 7423 / Categories: Features , Commercial
printer mail-detail

A blast from the past

Ian Higgins reports on credit default swaps, vires, & exclusive jurisdiction agreements

The Court of Appeal has given a boost to the effectiveness of express jurisdiction agreements in written agreements. The ruling will have considerable importance for those who enter into agreements with overseas entities and seek to have their disputes heard in the London courts.

In Berliner Verkehrsbetriebe (BVG) Alstalt des Öffentlichen Rechts v JP Morgan Chase Bank NA [2010] EWCA Civ 390, [2010] All ER (D) 212 (Apr) the jurisdiction of the English courts was challenged, despite an express contractual submission to jurisdiction. One of the substantive defences raised was that the transaction was ultra vires the German defendant, and on that basis it was claimed that the German courts had exclusive jurisdiction to determine the question of vires. The Court of Appeal rejected that approach.

The facts

The claimants were entities of JP Morgan (JPM). They entered into a complex swap transaction with BVG, a German public authority which is responsible for the operation of the Berlin public transport

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll