49 The clause was asymmetrical in so far as the obligations of the parties were different (although it did not apply in favour of a given party) and was not exclusive, since it designated two separate courts. 19 See Lord Mance in AES Ust-Kamenogorsk Hydropower Plant LLP against Ust-Kamenogorsk Hydropower JSC   UKSC 35;  2 Lloyd`s Rep 201 refers to the «negative promise» in an exclusive jurisdiction agreement. The proceedings arose from a dispute between Etihad Airways PJSC (Etihad) and Air Berlin`s receiver (the receiver). After years of financial difficulties, Air Berlin started working in 2016 with Etihad (as a partner) on a set of restructurings. In April 2017, Etihad agreed to provide €350 million to Air Berlin under a facility agreement that contained an asymmetric jurisdiction clause.
http://futurosostenible.org/wp-content/uploads/2017/01/logotipoweb-300x101.png 0 0 Andres http://futurosostenible.org/wp-content/uploads/2017/01/logotipoweb-300x101.png Andres2021-09-11 17:59:242021-09-11 17:59:24Asymmetric Agreement