Jurisdiction(s):
United Kingdom

Key definition

Finance documents definition

What does Finance documents mean? In banking and finance practice, finance documents means the suite of contracts that together set out the terms of a financing between the borrower and the lender(s). It is not a statutory term; it is a descriptive label almost always defined in the facility (loan) agreement, particularly in LMA-based syndicated loans, leveraged finance and project finance. The definition typically captures: the facility agreement; security documents forming the security package (for example, debentures, fixed and floating charges and mortgages; in Scotland, standard securities and assignations in security; in Northern Ireland and Ireland, charges and mortgages); guarantees; intercreditor agreements...

Drafting and enforcing governing law, jurisdiction and arbitration clauses in finance documents: asymmetric clauses, Hague 2005/2019, Brussels I (recast), service of process and process agents, post‑Brexit considerations

Published by a LexisNexis Banking & Finance expert

Practice notes

Practice Note on governing law and jurisdiction in finance transactions

This Practice Note examines governing law and jurisdiction within finance transactions. It covers:

the meaning of governing law and jurisdiction
governing law in depth, including how the chosen law is identified
jurisdiction in depth, including Rules used to decide jurisdiction
governing law clauses in finance deals and instances where English law may not suit
jurisdiction clauses in finance deals, and factors when choosing exclusive, non-exclusive or asymmetric jurisdiction
service of process and process agents
arbitration clauses

Further guidance appears in these Practice Notes:

Applicable law—a guide for Dispute resolution practitioners
Jurisdiction—a guide for dispute resolution practitioners

What is meant by governing law and jurisdiction?

Governing law and jurisdiction are distinct concepts.

Governing law

The governing law (also called the applicable law) is the body of law a court applies to resolve a dispute between the parties. Where the parties specify the law in their contract, that provision is the governing law clause...

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Web page updated on 21/05/2026

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