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Commercial Court finds that 'negative interest' is not payable on cash collateral posted in accordance with the standard form ISDA credit support annex

United Kingdom - August 15 2018 The question of whether 'negative interest' will be payable by a transferor of cash collateral in the context of a standard form ISDA 1995 Credit...

Ceri Morgan, Harry Edwards.

Court of Appeal finds ISDA jurisdiction clause trumps 'theoretically competing' clause in separate agreement governing wider relationship

United Kingdom - August 15 2018 Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the...

Ceri Morgan, Donny Surtani.

High Court Holds ISDA Jurisdiction Clause Trumps Competing Jurisdiction Clause in Separate but Related Agreement

United Kingdom - July 25 2018 The decision of the High Court in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA 2018 EWHC 1670 (Comm) confirms that an express agreement to...

Ceri Morgan, Harry Edwards, Donny Surtani.

Court of Appeal confirms wide discretion afforded to a non-Defaulting Party when determining "fair market value" of securities under the GMRA (2000 version)

United Kingdom - April 26 2018 The recent Court of Appeal decision in LBI EHF v Raiffeisen Bank International AG 2018 EWCA Civ 719 affirms the wide discretion of the...

Ceri Morgan, Simon Clarke, Harry Edwards.

Japan: court guidance on implementation of fixed overtime allowances

Japan - January 31 2014 Under the Japanese Labour Standards Act (LSA) an employer must enter into an agreement regarding overtime and holiday work with a union or employee...

Georgina Stevens, Peter Godwin.