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England and Wales decisions
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The Commercial Court held that an asymmetric jurisdiction clause allowed the borrowers to sue in England and the lender to sue in other competent jurisdictions.
Spec 1 Ltd & Ors v The Export-Import Bank of China [2026] EWHC 1162 (Comm) (15 May 2026)
The Commercial Court construed an asymmetric jurisdiction clause in a ship finance agreement and refused both a stay and anti-suit relief, allowing the English claim to proceed.
The Hellenic Republic v Wilmington Trust (London) Ltd [2026] EWHC 1049 (Comm) (06 May 2026)
The High Court held that Greece validly exercised its purchase option for GDP-linked securities and correctly calculated the Call Price under Condition 6.1.
The Confusion Clause operates as a hierarchy clause giving precedence to the MRCs over the Certificates in the event of confusion or inconsistency between the two documents. The English law and jurisdiction clause in the MRCs prevails over the New York arbitration clause in the Certificates, as the two are irreconcilable and the parties' intention, as evidenced by the Confusion Clause, was for the MRCs to take precedence.
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The Court of Appeal dismissed an appeal over an anti-suit injunction, holding that Moscow enforcement proceedings were not in breach of the Vienna arbitration clause.
The Commercial Court granted summary judgment to Nordic Power Partners in a dispute over sale proceeds from Brazilian solar projects under an English-law cooperation agreement.
Rodiston Ltd v Canik & Ors [2026] EWHC 545 (Comm) (11 March 2026)
Commercial Court judgment for Rodiston on unpaid loan agreements and guarantees, with judgment entered for US$32,285,613.01 after the defendants did not appear.
Li & Ors v Yuan & Anor [2026] EWHC 272 (Comm) (11 February 2026)
Post-trial application to rely on a supplemental PRC-law expert report was refused as unnecessary, late, and unfair to the defendants.
Tyson International Company Ltd v GIC RE, India, Corporate Member Ltd [2026] EWCA Civ 40 (05 February 2026)
Court of Appeal held a reinsurance ‘Confusion Clause’ gave precedence to the MRCs, so the English jurisdiction clause prevailed over New York arbitration.
The defendants are jointly and severally liable to repay the principal and interest under the loan agreements, as they failed to raise any valid defence, the agreements were governed by English law with English jurisdiction clauses, and the guarantees by Miral and Vertia were enforceable. Any jurisdictional challenge was out of time and without merit.
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