Changing market dynamics have led buyers to assess available options to address post-closing target company issues.
Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more
5/12/2023
/ Acquisitions ,
Commercial Insurance Policies ,
Contract Disputes ,
Contract Terms ,
Due Diligence ,
Financial Statements ,
Fraud ,
Indemnity Insurance ,
Insurance Claims ,
Mergers ,
Post-Closing Rights ,
Risk Assessment ,
Target Company ,
Warranty Insurance
A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement.
The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more
5/3/2023
/ Appeals ,
Arbitration ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Judicial Remedies ,
Jurisdiction ,
Limitation Periods ,
Mandatory Arbitration Clauses ,
UK ,
Unenforceable Contract Terms
The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more
12/19/2022
/ Affirmative Defenses ,
Arbitration ,
Breach of Contract ,
Commercial Litigation ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Damages ,
Dispute Resolution ,
Good Faith ,
Indemnification ,
Misrepresentation ,
Rules of Civil Procedure ,
UK
Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more
1/5/2022
/ Breach of Contract ,
Business Torts ,
Commercial Litigation ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Fraud ,
Remedies ,
Rules of Civil Procedure ,
UK ,
UK Brexit
The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear framework for the...more
The Court found that the Administration of Justice Act 1920 should be interpreted purposively rather than literally.
The English Court of Appeal has considered for the first time whether the Administration of Justice Act...more
Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid.
In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese...more
Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses.
Introduction -
With the end of the Brexit transition period on 31 December 2020 fast approaching,...more
Decision confirms parties’ statutory right to challenge awards under s.67 and s.68.
The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the...more
Applicants challenging jurisdiction must satisfy a single three-limbed test, rather than establish a ‘good arguable case’ and ‘better of the argument’.
The English Court of Appeal has clarified the correct test to be...more
Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more
1/10/2019
/ Arbitration ,
Breach of Contract ,
Business Litigation ,
Commercial Contracts ,
Commercial Court ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Good Faith ,
Rules of Civil Procedure ,
Statutory Remedies ,
UK
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.
Overview -
Multi-tiered dispute...more