Courts in some E.U. jurisdictions have held asymmetric jurisdiction clauses, used worldwide in financing agreements and in debt and equity market transaction agreements, to be invalid as a matter of European law, leading to legal uncertainty. In the hope of encouraging a speedy E.U. wide clarification of the law, this FMLC report—entitled Issues of legal uncertainty arising in the context of Asymmetric Jurisdiction Clauses—considers the French and English courts’ approaches to such clauses.
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