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Legal Briefing
Can a jurisdiction clause be trumped by "single issue" dispute on capacity?
Practice Area: Structured products
Sector: Commercial and Retail Banking
Jurisdiction: England & Wales
Published: 27 May 2010
Law Firm: Allen & Overy
Overview
The English Court considered if it had jurisdiction in a dispute in relation to two swap transactions where one party asserted that its (sole) defence to claims was that it acted outside of its capacity or in excess of its powers and thus Article 22(2) of the Brussels Regulation applied and required the English Court to decline jurisdiction.
To read more about the case of Depfa Bank PLC (Depfa) and Dexia Crediop SpA (Dexia) v Provincia di Pisa (Pisa) [2010] EWHC 1148 (Comm), click "View Briefing".
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