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Results: 1-10 of 38

The battle of the forms

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 20 2010

In this month's newsletter, we look at a difficulty that frequently arises in negotiating supply contracts where both parties try to insist that the contract should be concluded on their own standard terms

Turville v Chartis and the “arbitration clause” that wasn’t

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 8 2012

A clause providing for loss to be assessed under an insurance policy by way of a so-called “arbitration” procedure was held to be non-compliant with the Arbitration Act 1996 and therefore not a genuine arbitration clause

Liquidated damages clauses unenforceable as penalties

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 24 2010

In our last newsletter we discussed the basic principles of liquidated damages clauses

English High Court upholds two challenges to jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack

Terminating contracts for "material breach"

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2009

In our March 2007 newsletter, we examined the English law position in relation to clauses which entitle a party to terminate a contract in the event of a "material breach" by the other party

Dispute resolution clauses and the importance of drafting

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

Basic principles of liquidated damages

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 22 2010

In this newsletter we explore some of the important principles behind liquidated damages under English law

Direct or indirect loss?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2011

Construction contracts often contain a provision excluding liability for indirect and consequential loss, but the distinction between direct loss and indirectconsequential loss can be a confusing one

When will a wrongful suspension amount to a repudiatory breach of contract?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

In the recent case of Mayhaven v DAB, the English High Court had to consider whether a contractor's wrongful suspension of its works would, as a matter of principle, amount to a repudiatory breach of contract entitling the employer to terminate the contract and sue for damages