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Asymmetric Jurisdiction Clauses And Enforcement Of English Judgements Following Brexit – Creditors And Other Parties To Reconsider? - Litigation, Mediation & Arbitration

To print this article, all you need is to be registered or login on Mondaq.com. Parties usually include a jurisdiction clause in their agreement to decide on which national court(s) shall have the authority to determine a dispute. In credit agreements asymmetric clauses are often used. Asymmetric jurisdiction clauses are characterized by giving the parties non-symmetric options regarding jurisdiction. In a credit agreement the creditor is typically given the right to initiate proceedings in any court of any competent jurisdiction, while the borrower may only initiate court proceedings in the one jurisdiction specified in the relevant jurisdiction clause. This

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