Skip to main content

Clifford Chance

Clifford Chance

Briefings

Contractual netting in Germany – the new law

5 January 2017

The enforceability of contractual close-out netting in Germany has been strengthened following the changes to section 104 of the German Insolvency Code (Insolvenzordnung, "InsO") which entered into force on 29 December 2016. Section 104 InsO aims to ensure the enforceability of contractual netting arrangements which was put into question following a decision of the German Federal Court of Justice (Bundesgerichtshof, "BGH") in June 2016.

Download File

Contractual netting in Germany – the new law

Download PDF (237KB | English)