Briefings

Anti-suit injunctions – Chinese shipowner restrains cargo interests’ Chinese court action

12 June 2019

This briefing details how the recent interim anti-suit injunction order granted by the English courts restrains cargo interests from continuing foreign court proceedings in breach of an English law and arbitration agreement.

Don’t underestimate force majeure

10 June 2019

Andrew Hutcheon and Alexandra Allen-Franks look into force majeure and its use in recent court cases.

Airbus SAS v Generali Italia Spa: Can insurers enjoy duty free forum shopping?

31 May 2019

Andrew Hutcheon and Jack Moulder discuss the recent decision of the English Court of Appeal in Airbus S.A.S v Generali Italia concerning an exclusive jurisdiction clause in an airframe warranties agreement.

Whose mine is it anyway? Jurisdiction and parent company liability for foreign subsidiaries

26 April 2019

Our authors take a look at the UK Supreme Court’s judgment in Vedanta Resources PLC v Lungowe. The decision contains important comments on determining parent company liability and which jurisdictions substantial justice can be obtained.

Landmark decision on resisting enforcement of adjudication decision on grounds of fraud

17 April 2019

In a very significant decision handed down today, the English High Court has refused to enforce an adjudication decision on the basis that there was a properly arguable defence that the decision had been obtained by fraud. The case, in which WFW acted for the successful party, appears to be the first occasion on which the court has refused to order enforcement in such circumstances.

The impact of a recent decision on “smash and grab” and “true value” adjudications

16 April 2019

Greater clarity and guidance to the construction industry has been provided regarding when a paying party which is the subject of a so called “smash and grab” adjudication may then launch a separate “true value” adjudication.