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Sub practice

Banking, Finance and Securities Disputes

Allen & Overy is recognised by the market as a top tier practice for finance litigation and regulatory disputes. Our experienced and specialist lawyers work as an integrated team across the world and excel at cross-border and multi-jurisdictional disputes

We provide first rate business, product and transaction knowledge which is aligned with our pre-eminent global finance practice.

As advisers to the world’s leading international financial institutions we support clients in their litigation and dispute resolution needs, from major investigations and high-profile disputes to reputational risk management issues. Our clients include the market leading investment banks, asset managers, hedge funds, private banks and retail banks.

Our global network and experience – along with our extensive knowledge that comes from having unrivalled banking, capital markets and derivatives practices in the world’s main financial hubs – sets us apart from others in the industry. Our dedicated Banking, Finance and Securities Disputes team work closely with our transactional specialists to enable us to able to quickly spot business trends that might lead to risk for our clients. We can then organise rapid and robust strategies to enforce rights, recover money or assets, or defend financial and reputational claims.

News & insights

Publications: 25 FEBRUARY 2020

Asymmetric jurisdiction clauses and multiple related agreements

Disputes arising under a side letter fell within the scope of the jurisdiction clause in a separate but related loan agreement.  The asymmetric clause in the loan agreement was exclusive for the purposes of the anti-torpedo rule of the Recast Brussels Regulation (the Brussels Recast),1 so the court refused to stay the English proceedings despite the fact that they post-dated earlier proceedings in Germany.  This decision will be of interest to lenders and other parties who enter into multiple related agreements and rely on asymmetric clauses to maximise their enforcement rights: Etihad Airways PJSC v Flother [2019] EWHC 3107 (Comm).

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Publications: 28 JANUARY 2020

Top UK finance litigation and contract law developments in 2019

This is a round-up of the most interesting finance litigation and contractual developments in 2019. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to finance parties.

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Publications: 16 AUGUST 2019

State of play: a review of sovereign immunity cases

A tanker truck, converted into a bomb, was detonated near the north face of building #131 at the Khobar Towers complex in Saudi Arabia shortly before 10 pm on 25 June 1996, according to the 2001 U.S. federal grand jury indictment. It killed 19 U.S. service men and injured hundreds. Some 23 years later, in Heiser et al v Iran, the English High Court had to consider whether 12 U.S. civil judgments relating to this and other terrorist incidents could be enforced in the UK. It decided they could not.

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Publications: 16 JULY 2019

Debt programme updates/establishments and the new Prospectus Directive (PD) regime – Update

There continue to be inconsistencies in the approach taken by the competent authorities when interpreting some of the requirements under the new PD regime. 

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