Publication
Undertaking to maintain status quo pending “determination”
Interlocutory injunctions routinely raise a similar issue – how are the parties to conduct themselves in the period prior to the injunction hearing?
Global | Publication | September 2019
The Court of Appeal has provided comfort to the derivatives market by giving a wide, commercial interpretation to an exclusive English jurisdiction clause in the 1992 ISDA Master Agreement. In BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2019] EWCA Civ 768, it upheld a decision that a competing jurisdiction clause in another related contract did not override the English jurisdiction clause.
The judgment also helpfully brings together the relevant case law on how to interpret competing jurisdiction clauses. To read the full article, please register here.
Publication
Interlocutory injunctions routinely raise a similar issue – how are the parties to conduct themselves in the period prior to the injunction hearing?
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