Governing law, jurisdiction and arbitration clauses in finance documents
Published by a LexisNexis Banking & Finance expert
Practice notesGoverning law, jurisdiction and arbitration clauses in finance documents
Published by a LexisNexis Banking & Finance expert
Practice notesThis Practice Note discusses governing law and jurisdiction in the context of finance transactions. It explains:
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what is meant by governing law and jurisdiction
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governing law in more detail, including how the relevant governing law will be determined
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jurisdiction in more detail, including applicable Rules for determining jurisdiction
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governing law clauses in finance transactions and when English law might not be appropriate
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jurisdiction clauses in finance transactions, and considerations when deciding on whether to include an exclusive, non-exclusive or asymmetric jurisdiction clause
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service of process and process agents, and
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arbitration clauses
Information on governing law and jurisdiction can be found in the following Practice Notes:
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Applicable law—a guide for Dispute resolution practitioners, and
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Jurisdiction—a guide for dispute resolution practitioners
What is meant by governing law and jurisdiction?
Governing law and jurisdiction are two fundamentally different concepts.
Governing law
The governing law (sometimes referred to as the applicable law) is the law applied by the courts to determine a dispute between parties.
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