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Results: 1-10 of 53

An end to “speculative” challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 3 2013

Over the past few years, we have seen a substantial rise in the number of applications to the English court challenging arbitral awards on grounds of


The use of "without prejudice except as to costs" offers as a dispute resolution technique
  • Herbert Smith Freehills LLP
  • Japan, United Kingdom
  • April 10 2009

One of the key factors that must be taken into account when deciding whether to pursue a claim is the potential legal costs involved


Ignore notice requirements at your peril
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 15 2009

Most construction and engineering contracts require the contractor to give notice to the employer of events or circumstances when they happen as the first step in the process of claiming an extension of time andor additional cost


Discrimination and arbitration: English Court of Appeal sets restrictions on the freedom of the arbitral process
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 30 2010

On 22 June 2010, the English Court of Appeal held, in Jivraj v Hashwani, that specifying religious criteria for the appointment of an arbitrator in an arbitration clause in a commercial contract rendered the clause void


Statutory dismissal procedure: timing of step 1 letter
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 6 2009

It is not a breach of the statutory dismissal procedure to announce an intention to make an employee redundant prior to sending the step 1 letter


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


Recovering losses incurred in settlement of a third party claim
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 30 2011

Under the usual principles of causation, in order to be successful in its claim before a court or tribunal, the claimant has to demonstrate that there has been a breach of contract and that that breach caused the claimant loss andor damage, and has to prove the quantification of that loss


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


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


Unilateral jurisdiction clauses may not always be effective
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance