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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
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
back-to-top-scroll