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Results: 1-10 of 122

Exclusion clauses part 2: recent developments
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2009

This is the second of a two part series on exclusion clauses in English law


Dispute resolution clauses: achieving certainty in contractual drafting
  • Herbert Smith Freehills LLP
  • Japan
  • March 18 2009

An important issue for Japanese parties entering into contracts with international counterparties is the mechanism for the resolution of disputes and in particular, the familiar choice between arbitration and litigation


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


Japan's new government intending to amend Worker Dispatch Law
  • Herbert Smith Freehills LLP
  • Japan
  • January 17 2010

While the normal focus of our regulatory newsletters usually relates to issues specific to the financial services sector, in this month's newsletter we will focus on an issue that not only applies to financial services companies but to all companies in Japan: temporary dispatched workers


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


Circular transactions in Japan
  • Herbert Smith Freehills LLP
  • Japan
  • March 10 2010

Herbert Smith's May 2009 newsletter considered the impact on Japanese companies of high profile cases reported in the global media that had been filed as a result of the economic downturn


Is China becoming more open to foreign arbitration institutions?
  • Herbert Smith Freehills LLP
  • China
  • April 1 2010

In previous newsletters we have discussed China's restrictive stance towards foreign arbitration institutions


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


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


Exclusion clauses part 1: drafting tips
  • Herbert Smith Freehills LLP
  • Japan
  • November 23 2009

It is a common feature of modern business that when contracting commercial parties seek to reduce their potential liability in whole or part