header-logo header-logo

24 June 2010 / Ian Higgins
Issue: 7423 / Categories: Features , Commercial
printer mail-detail

A blast from the past

Ian Higgins reports on credit default swaps, vires, & exclusive jurisdiction agreements

The Court of Appeal has given a boost to the effectiveness of express jurisdiction agreements in written agreements. The ruling will have considerable importance for those who enter into agreements with overseas entities and seek to have their disputes heard in the London courts.

In Berliner Verkehrsbetriebe (BVG) Alstalt des Öffentlichen Rechts v JP Morgan Chase Bank NA [2010] EWCA Civ 390, [2010] All ER (D) 212 (Apr) the jurisdiction of the English courts was challenged, despite an express contractual submission to jurisdiction. One of the substantive defences raised was that the transaction was ultra vires the German defendant, and on that basis it was claimed that the German courts had exclusive jurisdiction to determine the question of vires. The Court of Appeal rejected that approach.

The facts

The claimants were entities of JP Morgan (JPM). They entered into a complex swap transaction with BVG, a German public authority which is responsible for the operation of the Berlin public transport

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll