Template:ISDA Master Agreement 1992 13(b): Difference between revisions

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{{isdaprov|13(b)}} {{isdaprov|Jurisdiction}}. With respect to any suit, action or proceedings relating to this {{isdaprov|Agreement}} <br>(“'''Proceedings'''”), each party irrevocably:—<br>
{{isdaprov|13(b)}} '''{{isdaprov|Jurisdiction}}'''. With respect to any suit, action or proceedings relating to this {{isdaprov|Agreement}} <br>(“'''Proceedings'''”), each party irrevocably:—<br>
:{{isdaprov|13(b)(i)}} submits to the jurisdiction of the English courts, if this {{isdaprov|Agreement}} is expressed to be governed <br>by English law, or to the non-exclusive jurisdiction of the courts of the State of New York and the <br>United States District Court located in the Borough of Manhattan in New York City, if this <br>{{isdaprov|Agreement}} is expressed to be governed by the laws of the State of New York; and <br>
:{{isdaprov|13(b)(i)}} submits to the jurisdiction of the English courts, if this {{isdaprov|Agreement}} is expressed to be governed <br>by English law, or to the non-exclusive jurisdiction of the courts of the State of New York and the <br>United States District Court located in the Borough of Manhattan in New York City, if this <br>{{isdaprov|Agreement}} is expressed to be governed by the laws of the State of New York; and <br>
:{{isdaprov|13(b)(ii)}} waives any objection which it may have at any time to the laying of venue of any {{isdaprov|Proceedings}} <br>brought in any such court, waives any claim that such {{isdaprov|Proceedings}} have been brought in an <br>inconvenient forum and further waives the right to object, with respect to such Proceedings, that <br>such court does not have any jurisdiction over such party.<br>
:{{isdaprov|13(b)(ii)}} waives any objection which it may have at any time to the laying of venue of any {{isdaprov|Proceedings}} <br>brought in any such court, waives any claim that such {{isdaprov|Proceedings}} have been brought in an <br>inconvenient forum and further waives the right to object, with respect to such Proceedings, that <br>such court does not have any jurisdiction over such party.<br>
Nothing in this {{isdaprov|Agreement}} precludes either party from bringing Proceedings in any other jurisdiction <br>(outside, if this {{isdaprov|Agreement}} is expressed to be governed by English law, the Contracting States, as defined <br>in Section 1(3) of the Civil Jurisdiction and Judgments Act 1982 or any modification, extension or <br>re-enactment thereof for the time being in force) nor will the bringing of {{isdaprov|Proceedings}} in any one or more <br>jurisdictions preclude the bringing of {{isdaprov|Proceedings}} in any other jurisdiction.
Nothing in this {{isdaprov|Agreement}} precludes either party from bringing Proceedings in any other jurisdiction <br>(outside, if this {{isdaprov|Agreement}} is expressed to be governed by English law, the Contracting States, as defined <br>in Section 1(3) of the Civil Jurisdiction and Judgments Act 1982 or any modification, extension or <br>re-enactment thereof for the time being in force) nor will the bringing of {{isdaprov|Proceedings}} in any one or more <br>jurisdictions preclude the bringing of {{isdaprov|Proceedings}} in any other jurisdiction.

Revision as of 10:02, 4 September 2012

13(b) Jurisdiction. With respect to any suit, action or proceedings relating to this Agreement
(“Proceedings”), each party irrevocably:—

13(b)(i) submits to the jurisdiction of the English courts, if this Agreement is expressed to be governed
by English law, or to the non-exclusive jurisdiction of the courts of the State of New York and the
United States District Court located in the Borough of Manhattan in New York City, if this
Agreement is expressed to be governed by the laws of the State of New York; and
13(b)(ii) waives any objection which it may have at any time to the laying of venue of any Proceedings
brought in any such court, waives any claim that such Proceedings have been brought in an
inconvenient forum and further waives the right to object, with respect to such Proceedings, that
such court does not have any jurisdiction over such party.

Nothing in this Agreement precludes either party from bringing Proceedings in any other jurisdiction
(outside, if this Agreement is expressed to be governed by English law, the Contracting States, as defined
in Section 1(3) of the Civil Jurisdiction and Judgments Act 1982 or any modification, extension or
re-enactment thereof for the time being in force) nor will the bringing of Proceedings in any one or more
jurisdictions preclude the bringing of Proceedings in any other jurisdiction.