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(1 version)
 
Jul 14 2013 onwards

AMI A3.2.8 Guidance



Whole Section PDF

The definitive version of DFSA handbook text is the PDF version as that is the text of the instrument as made and published by the DFSA.

To view past versions of this module in PDF format, please visit the Archive.

An Authorised Market InstitutionG should, when assessing whether the contractual terms adequately provide for addressing jurisdictional risks, take into account whether the contract:

a. clearly identifies the different legal requirements applicable in the relevant jurisdictions and any differences, including those relating to the manner in which standard clauses are interpreted; and
b. the impact such differences may have in dealing with matters such as delivery disputes, and determination of rights in insolvency proceedings; and
c. contains effective measures to address risk of unenforceability of the contractual terms, particularly those relating to cargos and storage where jurisdictional differences could have a significant impact on the deliverability.
Derived from RM118/2013 [VER15/07-13]