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Results: 1-9 of 9

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
  • -
  • United Kingdom
  • -
  • 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

Preview 2013 (UK law)

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 15 2013

2013 will herald some significant changes to the UK legal arena, notably in the corporate area in relation to executive remuneration and narrative

General counsel update - 27 September 2012

  • Herbert Smith Freehills LLP
  • -
  • Indonesia, Myanmar, Spain, United Kingdom
  • -
  • September 27 2012

This is the 31st in our series of general counsel updates which aim to summarise major developments in key areas

General counsel update: 31 May 2012

  • Herbert Smith Freehills LLP
  • -
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • -
  • May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

The Court of Appeal rules on the arbitrability of shareholders claim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 8 2011

The question of the extent to which parties may agree to submit intra-corporate disputes, in particular claims under company legislation, to arbitration, has long created uncertainty

Dispute resolution and governing law clauses in India-related commercial contracts

  • Herbert Smith Freehills LLP
  • -
  • India, United Kingdom
  • -
  • April 6 2011

This guide is primarily intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian companies and who need to have a practical understanding of the nuances of drafting dispute resolution and governing law clauses in the Indian context

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

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

Review of 2009 and preview of 2010

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 15 2010

The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty

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