الاختصاص التشريعي و القضائي للقرض المصرفي المجمع

Abstract EN

The features of syndicated loans, including their huge amounts, give them an international specificity that goes beyond the boundaries of a given state.

This means that the borrower is from a state and the banks that lend the money are from another or other states.

This international context raises many questions, including which law is applicable in the absence of choice and the extent to which parties are free to choose this or that law.

The same thing holds true for the judiciary which deals with potential conflicts, including: how to make decisions, how free it is in making these decisions, and how to make a ruling if nothing related is mentioned in the contract.

These are matters that should be clarified.

Furthermore, since the contract may contain parties of different countries, the court cannot judge well.

It may have recourse to a preview of the money or hear a witness residing in a country other than the court’s, in which case it has to ask the court located in that place to do the procedures on its behalf.

Next, after determining the law that should be applied and the competent court concerned with the dispute, the effect of its ruling in the country where it will be implemented, has to be clarified, bearing in mind that it might be other than the country where the court is located.

The ruling may be issued by the court where the agent bank is located, while the borrower and his/her possessions are located in another country.

The extent to which the ruling can be implemented in a country other than the court’s country must also be determined.