By Tom Grodecki

Partner | Global Litigation

By Nick Shiren

Partner | Capital Markets

By Assia Damianova

Special Counsel | Capital Markets

A recent High Court judgment in a case where NatWest won a claim against CMIS arising under derivative transactions raises several issues of law with practical implications for the structuring of complex finance deals.

Notably, the case looked at the distinction between a contact of guarantee and a contract of indemnity and also analysed the question of when a payment is “due".

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