Know your counterparty – the pitfalls of undisclosed principals
We discuss an interesting recent ruling of the English Commercial Court relating to the identity of charterparty owners in the context of establishing jurisdiction.
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Precast in Stone: How Good Faith Crumbled but Causation Built a Wall – Matière SAS v ABM Precast Solutions Ltd [2025] EWHC 1434 (TCC)
In a significant decision from the Technology and Construction Court, Alexander Nissen KC found that the claimant contractor, Matière SAS, had breached an express obligation of good faith under both a consortium agreement and a collaboration agreement in relation to the HS2 ‘Green Tunnels Project’.
Commercial Disputes Weekly – Issue 244
In this edition of Commercial Disputes Weekly we consider two cases about treaty arbitration, an insurance claim dealing with collateral lies and a fraud condition clause, and the liability of a third party involved in fraud to contribute to liquidation assets.
Commercial Disputes Weekly – Issue 243
In this edition of Commercial Disputes Weekly we have a mixture of property, insurance and court procedural issues.
Commercial Disputes Weekly – Issue 242
In this edition of Commercial Disputes Weekly there is a theme of contractual interpretation, including a contract made by WhatsApp, as well as a decision on waiver of sovereign immunity.
Commercial Disputes Weekly – Issue 241
In this edition of Commercial Disputes Weekly, we consider a UK Supreme Court decision on limitation of liability, as well as other judgments on the interpretation of an arbitration award, alleged defective design on a construction project and an undisclosed principal in a commodities contract.
Commercial Disputes Weekly – Issue 240
In this edition of Commercial Disputes Weekly, we consider collision liability, competing jurisdiction agreements, guidance on relief from forfeiture and the requirements of liability for half secret commissions.
Commercial Disputes Weekly – Issue 239
In this edition of Commercial Disputes Weekly, we consider a fiduciary’s duty to account for profits, horizontal arbitration agreements, contractual risk allocation and interpretation of a guarantee.
Commercial Disputes Weekly – Issue 238
In this edition of Commercial Disputes Weekly, we look at issues of jurisdiction involving foreign acts of state, moratorium debts, unjust enrichment and backdoor expert evidence.
Commercial Disputes Weekly – Issue 237
In this edition of Commercial Disputes Weekly, we go from salvage to sovereign immunity, serious irregularity in arbitration to insurance.
