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“Reasonable endeavours” and “suspension of services”

Fenwick Elliott Solicitors
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United Kingdom
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May 14 2013

This was an application for leave to appeal against an arbitration award in relation to a dispute arising out of Morris’ decision to suspend

Conciliation clause held too uncertain to be enforceable

Clifford Chance LLP
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United Kingdom
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May 10 2013

Dispute resolution clauses in many commercial agreements provide for claims to be submitted to conciliation or mediation before they can be submitted

Courts refuse to restrain foreign proceedings in support of London arbitration

Clifford Chance LLP
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United Kingdom
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May 10 2013

Where parties have stipulated in their contracts that disputes should be submitted to London Court of International Arbitration (LCIA) arbitration in

When does the right to set-off exist?

RPC
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United Kingdom
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October 7 2009

In Workspace Management Ltd v YJL London Ltd 2009 EWHC 2017 (TCC), the court had to decide whether a contractor was entitled to set off an adjudicator’s decision in its favour against sums it was obliged to pay the employer under an arbitrator’s award relating to the same contract

English Court applies Indian law to arbitration agreements to set aside an award

Nishith Desai Associates
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United Kingdom
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March 20 2013

The High Court of Justice, Queen’s Bench Division at London had recently in Arsanovia Ltd. & Ors. V. Cruz City 1 Mauritius Holdings. Set aside an

Construction of contracts: priority of documents

Norton Rose LLP
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United Kingdom
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February 22 2010

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail

Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons

Herbert Smith Freehills LLP
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United Kingdom
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May 2 2013

In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a

It’s never too late for rent reviews

Hogan Lovells
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United Kingdom
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April 2 2012

It is the rule rather than the exception that rent is reviewed late

Breach of the rules of natural justice

Wragge & Co LLP
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United Kingdom
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October 31 2012

We reported last year on a selection of cases on adjudication enforcement where parties have sought (some successfully and others not) to avoid enforcement of the adjudication decision on jurisdictional grounds - where an adjudicator acts without, or in excess of, his jurisdiction or where he is in serious breach of the rules of natural justice

High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results

Herbert Smith Freehills LLP
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United Kingdom
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March 1 2013

In December last year, the High Court upheld a challenge under section 67 of the Arbitration Act 1996 (the Act) in Arsanovia Ltd and others v Cruz

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Search results

“Reasonable endeavours” and “suspension of services”

Conciliation clause held too uncertain to be enforceable

Courts refuse to restrain foreign proceedings in support of London arbitration

When does the right to set-off exist?

English Court applies Indian law to arbitration agreements to set aside an award

Construction of contracts: priority of documents

Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons

It’s never too late for rent reviews

Breach of the rules of natural justice

High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results

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