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asymmetric jurisdiction clausegoverning lawfacility agreements
Mauritius Commercial Bank Ltd v Hestia Holdings Ltd
Mauritius Commercial Bank Ltd v Hestia Holdings Ltd [2013] EWHC 1328 (Comm)
Key Principle
A unilateral (one-sided) jurisdiction clause, by which one party must litigate in the designated court while the other may sue anywhere, is valid and enforceable under English law and is not contrary to any principle of equal access to justice; an English governing-law clause for the agreement governs the jurisdiction clause within it.
Area of Law
General
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