News & publications

6 March, 2019 Determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form)

In Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2019] EWHC 379 (Ch), Snowden J was asked to resolve a series of questions concerning the determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form). The main issues related to the date by reference to which the determination of […]

27 February, 2019 The “presumption” of English law: Iranian Offshore Engineering and Construction Company v Dean Investment Holdings S.A. et al

In this case note Graham Dunning QC, Jern-Fei Ng QC and Adam Woolnough examine the decision of the Commercial Court in Iranian Offshore Engineering and Construction Company v Dean Investment Holdings S.A. et al [2019] 1 WLR 82 regarding the Claimant’s reliance on the “presumption” or “evidential assumption” under English law that in the absence of satisfactory evidence of […]