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derivatives swapscapacity and authoritygoverning law
Deutsche Bank and Dexia v Provincia di Brescia
[2024] EWHC 2967 (Ch)
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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