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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll