*HSH Nordbank AG v Intesa Sanpaolo SpA

Swap agreement – Interest rate swap agreement. The defendant entered two interest rate swaps with an Italian local authority. The claimant entered a third swap with the authority, which the Italian Court of Auditors of the Regional Chamber of Control for Campania found to be an impermissible derivative transaction under a decree. The claimant issued proceedings against the defendant on the basis that the second swap had been void. The Commercial Court, in dismissing the claim, held that the claimant had failed to show that: (i) the decree did not permit restructuring of principal; (ii) the second swap had resulted in an increasing profile; and (iii) there was a premium.

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