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Results: 1-10 of 53

Speak now or forever hold your peace: S68 challenge for lack of opportunity to make full submissions fails
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 5 2012

It is well-known that applicants seeking to challenge an award under section 68 of the Arbitration Act 1996 (the “Act“) must overcome a high threshold in (i) establishing a serious irregularity and (ii) demonstrating that this serious irregularity has caused substantial injustice


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


Recovering wasted management costs
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract


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


Entire agreement clauses, implied terms and misrepresentations
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 30 2011

Entire agreement clauses are common boilerplate provisions used with the intention of limiting the parties' rights and obligations to the provisions contained within the contract


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


The City Inn decision a common sense approach to concurrent delays?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 30 2010

On 22 July, the Scottish Inner House (appeal court) in City Inn v Shepherd Construction handed down a significant judgment on an important issue relating to the assessment of concurrent delays in awarding extensions of time


Court of Appeal upholds anti-suit injunction against a non-party to an arbitration clause
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 22 2012

In Joint Stock Asset Management Company Ingosstrakh Investments v BNP Paribas SA 2012 EWCA Civ 644 the Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued by that non-party were vexatious and oppressive



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