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Commercial Disputes Weekly – Issue 9623 November 2021

In this week’s CDW, the Court of Appeal overturns a decision in the court below on charterparty demurrage clauses. The Commercial Court considers the nature of a cryptocurrency swap contract and we focus on two judgments concerning procedural issues which are frequently encountered in commercial disputes.

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Article

Commercial Disputes Weekly – Issue 949 November 2021

In this week’s Commercial Disputes Weekly, the Commercial Court grants a lengthy extension for the time to challenge a consent award for serious irregularity. Another judgment has been added to the long running Prestige dispute between Spain and the vessel owner’s P&I Club.

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Article

Commercial Disputes Weekly – Issue 932 November 2021

Enforcement of arbitration awards dominate this week’s Commercial Disputes Weekly, with the Supreme Court’s decision on the applicable law to determining the validity of an arbitration agreement, and the Commercial Court’s views on whether a counterclaim can be brought. Plus the first decision on costs capping orders since the introduction of costs budgeting, and an interesting decision from the Court of Appeal on the “battle of the forms” principle.

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Article

Commercial Disputes Weekly – Issue 9226 October 2021

This week’s Commercial Disputes Weekly considers an important decision from the Supreme Court on whether a claimant is obliged to plead and prove foreign law, as well as an interesting case for the maritime sector on sanctions clauses in LOUs, and guidance from the TCC on the operation of the new rules on trial witness statements.

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Article

Commercial Disputes Weekly – Issue 9119 October 2021

In this week’s Commercial Disputes Weekly there are important comments from the Court of Appeal on the enforcement of adjudication awards and whether uncontroverted expert evidence must be accepted, and the Commercial Court considers the effect of breach of an ADR provision.

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Article

Commercial Disputes Weekly – Issue 9012 October 2021

In this week’s Commercial Disputes Weekly look out for an interesting shipbuilding case involving the use of confidential design documents, as well as the Court of Appeal’s comments on estoppel by conduct and guidance on when an adjournment will be granted.

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Article

Commercial Disputes Weekly – Issue 895 October 2021

There’s lots to discover in this week’s Commercial Disputes Weekly, including decisions on liability for rent during the covid-19 pandemic, which time zone should be used to determine the date of discharge, and the impact of the Disclosure Pilot on pre-action disclosure applications.

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Article

Commercial Disputes Weekly – Issue 8721 September 2021

The Commercial Disputes Weekly returns with a number of significant recent decisions from the English courts, not least the Supreme Court’s decision regarding the existence of lawful act economic duress in English law. Plus look out for a number of decisions in the maritime sector, as well as advice on how to plead a case of estoppel by convention.

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