Enforceability of limited liability clause in agreement

Facts presented by you are not very clear, also better to quote the exact terms of the clause. explain the situation by an illustration (eg. X took loan from Y...), also mention which country's regulator are u referring to ? and in which country are you doing business (if at all such things are relevant)

I am referring to Indian Regulator and Indian Company. The loan was taken from outside India as per the foreign exchange regulations. As under these regulations, authorised dealer i.e. bank was involved who advised that we comply with the regulations which was not the case. I do not have the exact clause with me as we are yet to receive the global agreement  between the bank and our parent company.

Trust this helps.

The limitation of liability will a lot depend on to what extent the bank is liable under the global agreement.            A global agreement is certainly a valid one and if the bank relies on the global agreement and takes defence of limitation of liability the courts will certainly uphold the clause (limitation of liability) in the global agreement unless it is unjust and unilateral and it is advisable first to go through the global agreement and analyse the merits of the clause before issuing a legal notice against the bank.