Template:ISDA Master Agreement 2002 13(b): Difference between revisions
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{{isdaprov|13(b)}} '''{{isdaprov|Jurisdiction}}'''. With respect to any | {{isdaprov|13(b)}} '''{{isdaprov|Jurisdiction}}'''. With respect to any proceedings relating to this {{isdaprov|Agreement}} (“'''{{isdaprov|Proceedings}}'''”), each party irrevocably:―<br> | ||
:{{isdaprov|13(b)(i)}} submits:―<br> | :{{isdaprov|13(b)(i)}} submits:―<br> | ||
::(1) if | ::(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> | ||
::(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 | ::(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> | ||
{{ | :{{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 over such party; and<br> | ||
:{{isdaprov|13(b)(iii)}} agrees | :{{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> | ||
Revision as of 17:40, 9 August 2018
13(b) Jurisdiction. With respect to any proceedings relating to this Agreement (“Proceedings”), each party irrevocably:―
- 13(b)(i) submits:―
- (1) if the Agreement is governed by English law, to the non-exclusive jurisdiction of the English courts (unless the Proceedings involve a Convention Court, in which case it will be the exclusive jurisdiction of the English courts); 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 Manhattan;
- (1) if the Agreement is governed by English law, to the non-exclusive jurisdiction of the English courts (unless the Proceedings involve a Convention Court, in which case it will be the exclusive jurisdiction of the English courts); or
- 13(b)(ii) waives (i) any objection to the laying of venue of any Proceedings brought in any such court, (ii) any claim that the Proceedings have been brought in an inconvenient forum and (iii) the right to argue that such court has no jurisdiction over such party; and
- 13(b)(iii) agrees that the bringing of Proceedings in one jurisdictions will not preclude the bringing of Proceedings in any other jurisdiction.