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06 August 2009 / Amanda Howe , Nick Marsh
Issue: 7381 / Categories: Features , EU , Commercial
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Cross-border litigation

Complexity & market turmoil could fuel an increase in jurisdiction battles, say Nick Marsh
& Amanda Howe

The Court of Appeal judgment in UBS AG and UBS Securities LLC v HSH Nordbank AG  [2009] All ER (D) 190 (Jun) concerned a dispute between two banks over alleged mis-selling and mismanagement of collateralised debt obligations (CDOs).

The transaction was complex and there were several agreements documenting the overall deal which were governed by different laws and contained different terms as to jurisdiction.

The German commercial bank HSH Nordbank AG (HSH) entered into a credit default swap in March 2002 with the Swiss investment bank UBS AG and its US affiliate UBS Securities LLC (UBS).

HSH wished to invest in certain real estate related credit and asset backed securities which were viewed as outperforming corporate securities in the market at that time. As a result it invested in a multiple tranche synthetic CDO. 

There were numerous agreements detailing various aspects of the overall deal. Some of the agreements were governed by English law and

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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