In this article we discuss the English Court of Appeal’s recent decision in A & B v C, D & E (2020), concerning the court’s power to make an order for the taking of evidence by way of deposition from a non-party witness in aid of a foreign arbitration.
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The English courts continue to hand down judgments on issues as diverse as the enforcement of foreign judgments, the use of electronic bundles during the Covid-19 pandemic, and the approach to specific disclosure applications. Check out the latest Commercial Disputes Weekly to find out what’s been happening.
In a cautionary decision for parties involved in OFTO transactions, a High Court judgment confirms the importance of precise drafting within SPAs and other OFTO transaction documents to ensure that the parties' intentions regarding risk allocation are reflected accurately.