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United Kingdom derivatives swapscapacity and authoritygoverning law

Deutsche Bank and Dexia v Provincia di Brescia

[2024] EWHC 2967 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of England and Wales (Chancery Division, Financial List)
Year2024
StatusBinding authority

Key Principle

An Italian public authority's interest rate swap transactions and related settlement agreements, governed by English law, are valid and enforceable where the authority had capacity and authority under Italian law to enter hedging (non-speculative) derivatives and any defects were cured by ostensible authority or ratification under English law.

Area of Law

commercial

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