Podcast Location:
Download it here [file size: 20.7 MB]
Categories:
Corporate & Commercial Law
Banking and Financial Services
Litigation & Dispute Resolution
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give the listener an idea of how to approach competing jurisdiction clauses in a range of complex transactions. Konstanze von Papp will give an overview of the jurisdiction of the English courts and will examine how dispute resolution clauses have been conventionally construed by the courts by considering the leading cases in this area. Non-matching jurisdiction clauses and the applicability of jurisdiction clauses to a dispute are also explored. Finally, this podcast discusses the recent case of Sebastian Holdings v Deutsche Bank and its subsequent impact on this area of law.

Outcomes:
After completing the course you will:
  • Have an understanding of how to manage competing jurisdiction clauses;
  • Be aware of the jurisdiction of the English courts;
  • Appreciate how dispute resolution clauses have been conventionally constured by the courts;
  • Know the key cases in this area and be aware of the impact of recent case law;
  • Understand how the applicability of a jurisdiction clause to a dispute is determined;
  • Know how to manage non-matching jurisdiction clauses in a series of related agreements.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Council Regulation (EC) No 44/2001 (Brussels Regulation);
  • Lugano Convention;
  • Caterpillar Financial Services v SNC Passion [2004] EWHC 569;
  • Credit Suisse First Boston (Europe) Ltd v MLC (Bermuda) Ltd [1999] 1 Lloyd's Rep 767;
  • Fiona Trust Holding Corp. v Privalov [2007] UKHL 40;
  • UBS AG v HSH Nordbank AG [2008] EWHC 1529 (Comm);
  • L Brown & Sons v Crosby Homes (North West) Ltd [2005] EWHC 3503;
  • Owusu v Jackson and others [2005] ECR1-1383;
  • Re Sigma Finance Corporation [2009] UKSC 2, [2010] 1 All ER 571;
  • Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998.
Tags:

In this podcast, Konstanze von Papp from law firm Allen & Overy discusses how to handle competing jurisdiction clauses in complex financial transactions.

Podcast added:18/02/2011

Podcast last reviewed: 2011-09-05

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