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Herbert Smith Freehills LLP | United Kingdom | 2 Feb 2023

Court considers whether contractual provision prohibiting assignment can prevent insurer’s subrogation rights

In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) the court considered whether a contractual prohibition on…
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Clifford Chance | United Kingdom | 2 Feb 2023

High Court provides guidance on election to arbitrate under unilateral option clause

The High Court recently found that a party was not required to commence arbitration proceedings or to give an undertaking to that effect to exercise a unilateral option to arbitrate. The Court's commercial approach in this case will reassure parties that have the benefit of a unilateral option clause that it is not strictly necessary to commence arbitration for them to exercise an option to......
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Cooley LLP | United Kingdom | 1 Feb 2023

The High Court Shows Support for Arbitral Process

In its instructive judgment in RQP v ZYX[1], the High Court of England and Wales has provided helpful commentary on two aspects of the arbitration…
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HFW | Global, United Kingdom, USA | 31 Jan 2023

Commodities Case Update, January 2023

We are delighted to present the January 2023 edition of the Commodities Case Update which provides a summary of fourteen key recent cases relevant to…
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Travers Smith LLP | United Kingdom | 31 Jan 2023

Contract formation v contract validity - separate applications of the separability principle?

In November 2022, the Court of Appeal handed down its judgment in DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555…
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RPC | United Kingdom | 24 Jan 2023

Doctrine of separability in arbitration: should the arbitration agreement and the main contract "sink or swim" together or alone?

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd, the Court of Appeal upheld the High Court's decision to set aside the arbitrator's award, on the basis that the arbitrator did not have jurisdiction to decide the dispute as no arbitration agreement had been concluded. Now the leading case on the doctrine of separability, this decision clarifies the operation of the doctrine in......
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Stephenson Harwood LLP | United Kingdom | 24 Jan 2023

Commodities in Focus Weekly: Sharp v Viterra - Court of Appeal clarifies measure of damages under GAFTA Default Clause

On 11 January 2023 the Court of Appeal handed down judgment in Sharp Corp Limited v Viterra B.V., finding that the words “actual or estimated value…
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Charles Russell Speechlys | United Kingdom | 23 Jan 2023

The Winter of Discontent: NEC notice of dissatisfaction

In a steady stream of cases where parties have fallen foul of the NEC’s requirements for notices of dissatisfaction, here is another: Ravestein B.V…
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3PB Barristers | United Kingdom | 20 Jan 2023

Arbitration agreements “subject to contract”, and the limited scope of the separability principle (DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555)

For the purpose of determining whether an arbitration agreement is invalid, non-existent or ineffective, it is to be treated (unless otherwise agreed…
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HFW | United Kingdom | 19 Jan 2023

Case note: trafigura pte ltd v tkk shipping pte ltd (the thorco lineage) [2023] EWHC 26

A recent decision of the England and Wales High Court has clarified the interpretation of the carrier's limit of liability pursuant to Art IV r 5(a)…
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