Template:ISDA Master Agreement 2002 13(b): Difference between revisions

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{{isdaprov|13(b)}} '''{{isdaprov|Jurisdiction}}'''. With respect to any proceedings relating to this {{isdaprov|Agreement}} (“'''{{isdaprov|Proceedings}}'''”), each party irrevocably:―<br>
{{isdaprov|13(b)}} '''{{isdaprov|Jurisdiction}}'''. With respect to any suit, action or proceedings relating to any dispute arising out of or in connection with this {{isdaprov|Agreement}} (“'''Proceedings'''”), each party irrevocably:―<br>
:{{isdaprov|13(b)(i)}} submits:―<br>
:{{isdaprov|13(b)(i)}} submits:―<br>
::(1) if the {{isdaprov|Agreement}} is governed by {{tag|English law}}, to the [[non-exclusive jurisdiction]] of the English courts (unless the {{isdaprov|Proceedings}} involve a {{isdaprov|Convention Court}}, in which case it will be the [[exclusive jurisdiction]] of the English courts); or <br>
::(1) if this {{isdaprov|Agreement}} is expressed to be governed by English law, to (A) the non-exclusive jurisdiction of the English courts if the {{isdaprov|Proceedings}} do not involve a {{isdaprov|Convention Court}} and (B) the exclusive jurisdiction of the English courts if the Proceedings do involve a {{isdaprov|Convention Court}}; or <br>
::(2) if this {{isdaprov|Agreement}} is expressed to be governed by the laws of the State of [[New York]], to the [[non-exclusive jurisdiction]] of the courts of the State of New York and the United States District Court located in Manhattan; <br>
::(2) if this {{isdaprov|Agreement}} is expressed to be governed by the laws of the State of New York, 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; <br>
:{{isdaprov|13(b)(ii)}} waives (i) any objection to the laying of venue of any {{isdaprov|Proceedings}} brought in any such court, (ii) any claim that the {{isdaprov|Proceedings}} have been brought in an [[inconvenient forum]] and (iii) the right to argue that such court has no jurisdiction; and<br>
{{ISDA Master Agreement 2002 13(b)(ii)}}
:{{isdaprov|13(b)(iii)}} agrees that {{isdaprov|Proceedings}} brought in one jurisdictions will not preclude {{isdaprov|Proceedings}} in any other jurisdiction.<br>
:{{isdaprov|13(b)(iii)}} agrees, to the extent permitted by applicable law, that the bringing of {{isdaprov|Proceedings}} in any one or more jurisdictions will not preclude the bringing of {{isdaprov|Proceedings}} in any other jurisdiction.<br>

Revision as of 17:47, 9 August 2018

13(b) Jurisdiction. With respect to any suit, action or proceedings relating to any dispute arising out of or in connection with this Agreement (“Proceedings”), each party irrevocably:―

13(b)(i) submits:―
(1) if this Agreement is expressed to be governed by English law, to (A) the non-exclusive jurisdiction of the English courts if the Proceedings do not involve a Convention Court and (B) the exclusive jurisdiction of the English courts if the Proceedings do involve a Convention Court; or
(2) if this Agreement is expressed to be governed by the laws of the State of New York, 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;

Template:ISDA Master Agreement 2002 13(b)(ii)

13(b)(iii) agrees, to the extent permitted by applicable law, that the bringing of Proceedings in any one or more jurisdictions will not preclude the bringing of Proceedings in any other jurisdiction.
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