header-logo header-logo

06 August 2009 / Amanda Howe , Nick Marsh
Issue: 7381 / Categories: Features , EU , Commercial
printer mail-detail

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

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll