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interest rate swapscapacity and validitysummary judgment
Banca Nazionale del Lavoro v Provincia di Catanzaro
[2023] EWHC 3309 (Comm)
Key Principle
Where an Italian local authority does not engage with proceedings, summary judgment will be granted to the banks on English-law ISDA swaps because the authority's capacity, authority, validity and jurisdiction challenges have no realistic prospect of success: English exclusive jurisdiction clauses prevail and many years' performance and ratification defeat want-of-authority arguments.
Area of Law
General
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