In this edition of Commercial Disputes Weekly, we consider two more key decisions from the UK Supreme Court on force majeure, sanctions and company director liability in tort. We also discuss a tenant’s remedy for the landlord obtaining a lease termination order by misrepresentation and the latest example of the English courts upholding English jurisdiction agreements against attempts by the Russian courts to override them.
The award is one of the most significant of the evening.
On 6 November 2023, the United States District Court of New Orleans, Louisiana, rendered a decision on the enforceability of a DIFC-LCIA arbitration clause.
This article examines the recent Court of Appeal’s decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd (2024) EWCA Civ 5, on the assignment issue in a sale contract under Japanese law.
It discusses a recent judgment regarding two arbitration awards issued in 2013, ordering a P&I Club to pay damages to France and Spain relating to the pollution caused by the MT Prestige oil spill in 2002.
This article summarises two significant judgments in England and Wales and the Cayman Islands focussing on stay of court proceedings pending arbitration.
In this edition of Commercial Disputes Weekly, we look at jurisdiction issues arising from Brexit and breach of agreements by commencing proceedings in Russia. We also consider when a bank is put on notice of undue influence.
This article summarises two proposed amendments to the Arbitration Act, and two areas where the Law Commission of England & Wales concluded that no amendments were necessary.
The cases covered in this edition of Commercial Disputes Weekly are clear examples of the importance of the English court’s supportive role for arbitration and overseas courts.
In this article, Mike Phillips and Sylvie Allen consider the English courts’ powers under the Arbitration Act 1996 to enforce peremptory orders and awards issued by a tribunal.
