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24 June 2010 / Ian Higgins
Issue: 7423 / Categories: Features , Commercial
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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 system. The financial turmoil of September 2008 left the public

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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