When looking at the enforceability of certain contractual provisions, the cases in this week’s Commercial Disputes Weekly consider a raft of other engaging topics, including state immunity from injunctions and when it is not legitimate to restrain trade.
Franck joins WFW from independent French law firm Boken and previously worked at Norton Rose Fullbright Paris for seven years in their litigation and insurance group.
In Commercial Disputes Weekly we look at the first decision on what is a “construction contract” since adjudication was introduced in 1998, in which Watson Farley & Williams acted for the successful appellant before the Court of Appeal.
The spate of adjudication decisions continues with two more cases dealing with enforcement and the binding nature of such decisions. We also discuss a Court of Appeal decision on the applicable law and jurisdiction in a tower of insurance policies and a question of procedural law in arbitration.
This week Commercial Disputes Weekly looks at a decision as to whether a contract of carriage can spring up in a receipt bill of lading after novation of the charterparty.
This week we consider the impact of an arbitration award on limitation defences and whether planning status should be considered in freehold valuation. We also look at when the court may hand down judgment even after the parties have settled and the ongoing impact of sanctions on dispute resolution.
The 2022 ICSID Rules, which come into effect on 1 July of this year, contain some crucial changes. Asian states and investors should know what they mean and how to use them.
A financial flavour to this week’s Commercial Disputes Weekly with a look at Events of Default under a loan facility and a decision on the requisite knowledge for a financial services offence. We also cover a judgment that adds to the developing case law in relation to digital currency and another confirming the importance of enforcement of arbitration awards.
Commodities disputes have kept the courts busy this week and allowed the first reported decision on the implied term that insurers will pay claims within a reasonable period. Commercial Disputes Weekly also looks at a Supreme Court decision on the Housing Act 1985 and a case of enforcement of personal guarantees.
This article discusses the decision in Tenke v Katanga where the claimant unsuccessfully challenged an arbitration award for failing on the grounds that the Tribunal rejected an application to adjourn the merits hearing due to Covid-19 related reasons.
Our latest Commercial Disputes Weekly contains a trio of contract interpretation cases that demonstrate the importance of understanding exactly what you are agreeing to, and a reminder from the Court that in court hearings are the norm once again.
The article discusses the recent Thai court judgement on recovery of legal costs as awarded by an arbitral tribunal.