The Jurisdiction Clause ­ The Importance Of Getting It Right

A string of recent decisions from the English courts in disputes over capital markets transactions has highlighted the importance of getting the jurisdiction clause right to all of those involved in the OTC industry. This article examines some of the key messages arising, the most fundamental of which is that it would be unwise for anyone dealing with derivatives contracts to treat the jurisdiction clause as a standard "boiler plate" provision, to be addressed at the last minute of any transaction and unworthy of serious negotiation.