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Masin | 19 Jun 2023
Construction Claims under DIFC Law: Changes post the decision in MESC v. Panther
ParrisWhittaker | United Kingdom | 5 Jun 2023
Express Duty of Good Faith And ‘Constitutional Omnipotence’
Judges often have to consider whether there is an implied duty of good faith on one party in commercial litigation. Less usual are cases where an…
Miller Thomson LLP | Canada | 1 Jun 2023
The contractual duty of good faith and self-interest: Business Development Bank of Canada v Cummins, 2023 ABKB 173
In a breakdown of a contractual relationship, the “duty of good faith” is often touted by parties who feel that they have been treated unfairly…
Emond Harnden | Canada | 31 May 2023
Plaintiff’s Surreptitious Recording of Termination Meeting Leads to Damages for Employer’s Breach of the Duty of Good Faith and Fair Dealing
Earlier this year, the Ontario Superior Court of Justice rendered its decision in Teljeur v. Aurora Hotel Group. This case, which involved an…
Maddocks | Australia | 25 May 2023
A harsh reminder that parties must negotiate in good faith
On 19 December 2022, the National Native Title Tribunal (NNTT) handed down its judgement on a future act determination application. Santos NSW Pty Ltd…
Rajah & Tann Asia | Singapore | 24 May 2023
Reiterating the Procedural and Substantive Requirements for a Moratorium for Schemes of Arrangement
The Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) ("IRDA") allows companies intending to propose a scheme of arrangement to apply…
Arnon, Tadmor-Levy | Israel | 9 May 2023
Guide to litigation in Israel: noteworthy procedures and principles in Israeli law
As Israeli litigation involving global corporations becomes more prominent than ever, becoming acquainted with litigation practices could prove advantageous for companies involved in, or looking to enter, the market. This article, part of a series on litigation in Israel, outlines noteworthy procedures and principles in Israeli law.
Covington & Burling LLP | United Kingdom | 21 Feb 2023
Top Ten English Cases of 2022: Key Developments for In-House Counsel
Welcome to our round up of important English cases from 2022. We have selected ten cases which we believe are important for in-house counsel to know…
Cadwalader Wickersham & Taft LLP | USA | 9 Feb 2023
Third Circuit Dismisses J&J Affiliate LTL’s Talc Liability Chapter 11 Filing; “Good Faith” Under 1112(b) Requires Financial Distress
On January 30, 2023, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued an opinion in In re LTL Management, LLC…
Schulte Roth & Zabel LLP | USA | 6 Feb 2023
Third Circuit Dismisses J&J Bankruptcy Case for Lack of Good Faith
“The theme is clear: absent financial distress, there is no reason for Chapter 11 and no valid bankruptcy purpose.” On Jan. 30, 2023, the U.S. Court…
