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The English courts can have a critical role to play in support of foreign proceedings. The ability to obtain interim relief is an important strategic tool, which can be decisive.
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
Bribery: case update download
The international fight against bribery and corruption has received further support from the UK courts this summer.
In the context of engineering and construction contracts, the contractor’s warranties as to the standard and quality of the works will be a key item for negotiation.
Criticisms that arbitration proceedings take too long and cost too much have long been voiced by arbitration users.
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value? download
This sale contract dispute provides a useful refresher with regard to the proper application of the provisions of sections 53 and 54 of the Sale of Goods Act 1979.
Vessel arrest in Hong Kong — a means to enforce a maritime arbitration award via the backdoor? download
In a potentially very significant judgment last month, the Hong Kong High Court upheld the arrest of a vessel despite the plaintiff already having obtained an arbitration award.
The decision in Soufflet Negoce SA v Fedcominvest Europe SARL provides helpful guidance on the construction of the ‘Notices’ provision in GAFTA 64.
Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.
Berth damage — Terminal Contenitori Porto di Genova SpA v China Shipping Container Lines Ltd download
Instances of vessels making contact with and damaging a berth are fairly common. Disputed claims on liability are much rarer.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
In an LMAA charterparty dispute between Sun United and Kasteli, owners’ claims had been secured by money paid into an escrow account in the name of charterers’ solicitors.
Shanghai: Chinese Supreme Court strengthens interpretation on respecting the independence of refund guarantees download
The Chinese Supreme Court in November 2013 circulated a draft judicial interpretation dealing with cases in relation to independent guarantees.
The Dubai International Financial Centre (DIFC) is a separate common law jurisdiction within the UAE.
Implied duty of co-operation in shipbuilding and offshore construction contracts — a change in the law? download
In any construction project, a degree of co-operation will be required between the buyer and the builder to facilitate successful completion of the project.
This note considers what a MAC clause is and when it is used, highlights recent case law and offers some tips for those involved in reviewing or negotiating MAC clauses.
The ICC’s Mediation Rules are intended to facilitate the amicable settlement of disputes with the aid of a neutral third party.
The Jackson Reforms: update download
The Jackson Reforms refer to the wide-ranging changes to the civil litigation procedure brought into the Civil Procedure Rules in April 2013.