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|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 | ::(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 | ::(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 | :{{isdaprov|13(b)(ii)}} waives any objection which it may have at any time to the laying of venue of any {{isdaprov|Proceedings}} brought in any such court, waives any claim that such {{isdaprov|Proceedings}} have been brought in an [[inconvenient forum]] and further waives the right to object, with respect to such {{isdaprov|Proceedings}}, that such court does not have any jurisdiction over such party; and<br> | ||
:{{isdaprov|13(b)(iii)}} agrees that the bringing of {{isdaprov|Proceedings}} in one jurisdictions will not preclude the bringing of {{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> | ||
Latest revision as of 17:53, 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;
- (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
- 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; and
- 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.