The following Banking & Finance Q&A provides comprehensive and up to date legal information covering:
It would be prudent to begin by looking at the master agreement itself to see which governing law/jurisdiction applies to the International Swaps and Derivatives Association, Inc (ISDA) in place between the parties. This will be detailed in section 13 of the ISDA master agreement and would be selected in Part 4(h) of the related Schedule. See the section: Scope of the ISDA Master Agreement—Sections 7 to 14 (the 'back-end')—Section 13—Governing Law and Jurisdiction in Practice Note: Scope of the ISDA Master Agreement—Sections 7 to 14 (the 'back-end').
Both the 1992 and 2002 ISDA master agreements typically provide for jurisdiction in either the English courts or the courts of New York. If the English courts are selected, the agreements will provide for non-exclusive jurisdiction except where proceedings involve a Convention Court, ie a court bound to apply Brus
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.