A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement.
The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more
5/3/2023
/ Appeals ,
Arbitration ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Judicial Remedies ,
Jurisdiction ,
Limitation Periods ,
Mandatory Arbitration Clauses ,
UK ,
Unenforceable Contract Terms
The Court of Appeal reiterates the importance of the specific context in interpreting contractual good-faith duties.
English law does not include a general implied duty of good faith. However, the English courts are...more
Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. In Claydon v. Mzuri, Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not...more
The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege.
In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the...more
The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments.
Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more
A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly.
In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more
The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants.
In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more
12/13/2019
/ Appeals ,
Confidential Communications ,
Confidential Documents ,
Contract Drafting ,
Litigation Privilege ,
Negotiations ,
Qualified Privilege ,
Redacted Documents ,
Settlement Agreements ,
Settlement Negotiations ,
UK
Decision confirms parties’ statutory right to challenge awards under s.67 and s.68.
The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the...more
English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud.
Introduction -
In Takhar v Gracefield Developments Limited and others...more
4/17/2019
/ Abuse of Process ,
Appeals ,
Beneficial Owner ,
Estoppel ,
Evidence ,
Final Judgment ,
Fraud ,
Res Judicata ,
Rules of Civil Procedure ,
Set-Asides ,
UK ,
UK Supreme Court
A rare example of the English High Court varying an arbitral award.
In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act)...more
Applicants challenging jurisdiction must satisfy a single three-limbed test, rather than establish a ‘good arguable case’ and ‘better of the argument’.
The English Court of Appeal has clarified the correct test to be...more
England may become an increasingly attractive forum for follow on damages claims, particularly those involving indirect cartelised product purchases initially acquired outside EEA the in wake of iiyama decisions.
Summary -...more
Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention.
The English Court of Appeal has confirmed...more
Arbitrators should disclose subsequent appointments to related arbitration proceedings, particularly if cases materially overlap.
In the Halliburton v Chubb ruling, the Court of Appeal held that an arbitrator who did not...more
The Brussels Regulation provides for an exception to the general rule that a claimant must sue a defendant in the EU Member State where the defendant is domiciled. The exception allows a claimant to sue a defendant where a...more