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Mayer Brown | United Kingdom | 25 Jan 2023

Legal Developments in Construction Law: January 2023- Guarantees: what sort is it? (And how to tell them apart)

In a case about the termination of two shipbuilding contracts, one of the legal issues discussed was whether six insurance bonds operated as "on…
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Watson Farley & Williams | United Kingdom | 15 Nov 2022

Commercial Disputes Weekly - Issue 139

The Commercial Court has illustrated how to manage a case where one of the parties is subject to sanctions and unable to pay…
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Herbert Smith Freehills LLP | United Kingdom | 10 Nov 2022

English Commercial Court holds that arbitrators are not empowered to express interim relief in the form of an award in UNCITRAL arbitration

On 16 September 2022, the English Commercial Court delivered its judgment in EGF v HVF, HWG, TOM, DCK, HRY [2022] EWHC 2470 (Comm) in respect of a…
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Herbert Smith Freehills LLP | United Kingdom, USA | 7 Nov 2022

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to “overcome” force majeure event

The Court of Appeal has held, by a majority, that a shipowner was not entitled to rely on a force majeure clause in a shipping contract where its…
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Osborne Clarke | United Kingdom | 19 Oct 2022

How are rising interest rates impacting claims ?

As interest rates in the UK start to climb, parties are increasingly focused on the amount of interest that they can claim in relation to their…
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Clyde & Co LLP | United Arab Emirates | 21 Sep 2022

An encouraging step forward for creditors: UAE Ministry of Justice urges Dubai Courts to enforce English Court Judgments

The MOJ Letter referred to the English case of Lenkor Energy Trading DMCC v Puri (2020) EWHC 75 (QB) (Lenkor), in which the English High Court…
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Mayer Brown | United Kingdom | 30 Aug 2022

Watch the wording: English Commercial Court confirms its jurisdiction to hear COVID-related business interruption claims

On 29 July 2022, the Commercial Court handed down its decision in Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors…
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RPC | United Kingdom | 12 Jul 2022

High Court holds litigation funder liable for costs that pre-dated funding agreement

The Commercial Court has held a litigation funder to be jointly and severally liable for the defendants' costs from a date prior to the litigation funding agreement and despite the involvement of other funders in The ECU Group plc v HSBC Bank Plc & ors. The court has a broad discretion when making costs orders and, in doing so, will consider what outcome is just in all the circumstances.
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Stewarts | United Kingdom | 23 May 2022

Commercial Court clarifies that a transfer of assets by a company cannot necessarily be ascribed to its owner or controller

The facts of Invest Bank v El-Husseini & others [2022] EWHC 894 (Comm) are complex, and the matter spans several jurisdictions. In essence, the…
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Twenty Essex | United Kingdom | 5 May 2022

Commercial Court dismisses attempt to rely on arbitral findings in proceedings against non-parties

In a reserved judgment handed down on 11 April 2022 in PJSC National Bank Trust v Mints and others [2022] EWHC 871 (Comm), Mr Justice Foxton…
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