What Is Worth Remembering From The First Half Of 2016?

Court decisions/impacts

It is often difficult to identify common themes arising from judgments that happen to be handed down at the same time, and the first half of 2016 has proved no exception. There have, however, been some interesting judgments in relation to agreements concluded on standard terms, both ISDA and LMA, and these are likely to be of use to those using these documents in future. The judgment of the Court of Appeal in Goldman Sachs International v. Videocon is of particular interest. There are also cases (LSREF III Wight and Hayfin) shedding light on more general principles of contractual construction.

Disputes involving derivatives contracts with quasi-public bodies continue to make for interesting case law. On this occasion, the court has considered again (in Banco Santander Totta) the provisions of the Rome Convention in relation to the applicability of mandatory rules of the law of another jurisdiction, and has come to a conclusion which seems