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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

Drafting contracts - Key lessons from 2013

Herbert Smith Freehills LLP
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United Kingdom
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April 3 2013

In this briefing we look at the lessons to be learnt from some of the English contract law cases of 2012 which, whilst not all arising out of

Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty

Herbert Smith Freehills LLP
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United Kingdom
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March 25 2013

The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to

Drafting tips: validity of expert determination clauses and use of “andor”

Herbert Smith Freehills LLP
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Australia
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March 21 2013

Adopting commonly used drafting techniques will not necessarily mean they will be effective. In this article, we briefly consider 2 techniques which

Exclusive remedy clauses: are you left without a remedy?

Herbert Smith Freehills LLP
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Australia
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March 21 2013

As the name suggests, an exclusive remedy clause exhaustively spells out the remedies available to a party for a particular event. All other remedies

Consumer goods: update

Herbert Smith Freehills LLP
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Africa, European Union, United Kingdom
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March 18 2013

As part of its Alcohol Strategy, published in March 2012, the UK Government has recently consulted on proposed policies, including a minimum until

A summary of major developments in key areas

Herbert Smith Freehills LLP
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Australia, European Union, Indonesia, Myanmar, United Kingdom
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March 7 2013

The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and

Court of Appeal construes exclusion clause narrowly to prevent party being left without remedy

Herbert Smith Freehills LLP
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United Kingdom
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February 18 2013

The Court of Appeal has recently held that an exclusion clause should not be construed as excluding liability for lost profits where this would have

Business common sense in contractual interpretation: the High Court (UK) considers loan prepayment fees

Herbert Smith Freehills LLP
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United Kingdom
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February 18 2013

In a judgment that has surprised many commentators and caused some concern amongst credit providers, a High Court decision has interpreted ambiguous

Corporate crime update - 13 February 2013 - Hong Kong

Herbert Smith Freehills LLP
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Hong Kong
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February 13 2013

Following the consultation papers released in September and November last year, the details of the proposed changes to the Companies Ordinance were

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Search results

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

Drafting contracts - Key lessons from 2013

Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty

Drafting tips: validity of expert determination clauses and use of “andor”

Exclusive remedy clauses: are you left without a remedy?

Consumer goods: update

A summary of major developments in key areas

Court of Appeal construes exclusion clause narrowly to prevent party being left without remedy

Business common sense in contractual interpretation: the High Court (UK) considers loan prepayment fees

Corporate crime update - 13 February 2013 - Hong Kong

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