English High Court Enforces Asymmetric Jurisdiction Clause in a Syndicated Loan Facility Agreement

By and on 2024-08-28
Posted In Court Judgment

On 24 May 2024, the English High Court granted final injunctive relief to Barclays Bank Plc (Barclays), both in the form of an anti-suit injunction and an anti-enforcement injunction, arising out of a syndicated loan agreement (the Facility) entered into between Barclays and PJSC Sovcombank (Sovcombank).1 In a judgment that will be of interest to financial institutions and investors involved in cross-border disputes and to the public loan market, the English Courts have demonstrated a willingness to enforce asymmetric jurisdiction clauses, which are commonly seen in the syndicated loans market.

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Mark Fine
Mark Fine focuses his practice on complex debt financing transactions for private equity houses, borrowers and lenders including direct lending, leveraged buyouts, domestic and cross-border syndicated lending, junior debt issuances, high yield offerings, special situations, distressed debt trading, portfolio acquisitions and restructurings. Mark has previously held the position of European General Counsel at Bain Capital Credit in London.


Harry Denlegh-Maxwell
Harry Denlegh-Maxwell focuses his practice on international commercial litigation and arbitration. He advises clients in complex, high-value, multi-jurisdictional disputes, from providing pre-dispute strategic advice, including on dispute avoidance and litigation risk, through to appeal. Harry counsels clients from a range of sectors including financial services, technology and life sciences. Harry also represents parties in significant competition litigation proceedings.

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