In this edition of Commercial Disputes Weekly, we look at two maritime judgments upholding letters of indemnity and ‘pay to be paid’ clauses, enforcement of an adjudication decision and a positive ending to the long-running Takhar claim.
What does the Verein KlimaSeniorinnen Schweiz and Others v. Switzerland decision mean for mining companies?
In this edition of Commercial Disputes Weekly we consider the first decision by the Supreme Court on the meaning of “construction contract”, as well as judgments on agency, novation and interest provisions.
The practical and legal implications of the recent decision in King Crude Carriers SA & Ors v Ridgebury November LLC [2024] EWCA Civ 719.
This article examines the recent decision in Van Elle Ltd v Keynvor Morlift Ltd handed down by Mr Justice Stephen Davies.
The cases discussed in this edition of Commercial Disputes Weekly illustrate the courts’ approach to interpretation both of statute and contractual terms, in the context of state immunity, protection of water rights, adjudication and loan agreements.
In this edition of Commercial Disputes Weekly, we consider whether a party could rely on its own breach to avoid a debt arising, as well as the governing law of interest on damages, the interplay of insolvency and arbitration and instructions in group litigation.
In a landmark Advisory Opinion, ITLOS has confirmed that anthropogenic greenhouse gas emissions in the marine environment are a form of pollution for the purposes of UNCLOS. We consider the key findings of the Opinion and its relevance for the deep seabed mining sector.
There is a construction and property focus to this edition of Commercial Disputes Weekly, with decisions on allocation from the Building Safety Fund, environmental impact assessments in planning permission and repudiation of a plumbing sub-contract. We also discuss interpretation of an investment participation agreement.
In this article Ryland Ash and Jonathan Clarke highlight some potential issues that can arise when cross-claims are raised as a set-off defence in an adjudication.
In this edition of Commercial Disputes Weekly we consider decisions from courts at all levels dealing with issues relating to sanctions, arbitration enforcement, damages, leases and contract interpretation.
If a state ratifies the Cape Town Convention, similar to other international treaties, it must have primacy over domestic law to achieve its objectives.