A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points.
One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more
Regulation 44/2001 (the “Original Brussels Regulation”), which aimed to harmonise the approach to jurisdiction and the recognition and enforcement of judgments across European Union Member States’...more
Monde Petroleum SA v Westernzagros Ltd  EWHC 67 (Comm) -
In 2006, WesternZagros Ltd (WZL), an oil and gas company incorporated in Cyprus, entered into a consultancy agreement with Monde Petroleum SA (Monde), a...more
In this Issue:
- Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015
- International Energy Charter Signals New Global Cooperation in the Energy...more
The English High Court decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited offers guidance.
Why this case is important -
Multi-tiered or dispute escalation clauses are an important...more
A repudiation of a contract is a breach of contract by one party that is sufficiently serious to entitle the other party to treat the contract as terminated with immediate effect and to sue for damages. An innocent party,...more
The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others  EWCA Civ 1234, concerned an appeal by two...more
In Torre Asset Funding Ltd v Royal Bank of Scotland Plc  EWHC 2670 (Ch), the claimant (“Torre”) was a lender in a financing structure which included super senior, senior, senior mezzanine, junior...more