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English Court Trumps Arbitration Clause in Favor of One-Stop Litigation

The English High Court in Monde Petroleum SA v WesternZagros Ltd [2015] EWHC 67 (Comm) recently decided whether a dispute resolution clause in a settlement agreement referring disputes to the English court superseded an...more

5/18/2015  /  Arbitration , Settlement Agreements , UK

Removal of Arbitrator for Impartiality Doubts under English Arb Act

In Sierra Fishing Company and others v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English Court removed an arbitrator under section 24 of the Arbitration Act 1996. Under that provision, a party to an arbitration...more

3/23/2015  /  Arbitrators , Conflicts of Interest , UK

English Law: Do You Take Yours With or Without? – Prejudice, that is...

The practice of placing the magic words “without prejudice and subject to contract” on every exchange during commercial negotiations can be thought a “belt and braces” or “no harm, no foul” approach, but experience and a...more

About that English Law and Arbitration Clause: Consider enforcement implications before signing

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom specify English law as controlling, with a clause providing for arbitration of...more

English Contract Law: Choice of Law and Forum Trumped?

In Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014), the English High Court analyzed the arguments for and against non-English forum selection and choice of...more

English Contract Law and Oral Contracts - Your Word May Still Be Your Bond

Verbal contracts have their place in English law - Whether it was American movie mogul Samuel Goldwyn or the Australian/Irish politician Bryan O’Loghlen who first said, ‘A verbal contract isn’t worth the paper it’s...more

8/20/2014  /  Contract Formation , UK

English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap?

Under the English Arbitration Act 1996 the grounds on which an English arbitration award can be challenged in court are very limited. Section 67 of the Act provides that a challenge may be brought on the basis that the...more

The UK Bribery Act, Three Years On: Can We Relax Yet?

The Bribery Act 2010 has now been in force for three years. Despite the announcements and commentary that it heralded a new and aggressive face toward corporate corruption, there have as yet been no corporate prosecutions...more

English Law: When Contractual Limitations on Damages Can Backfire

In AB v. CD [2014] EWCA Civ 229, the Court of Appeal for England and Wales addressed an issue with surprisingly little precedent. It held that a claimant seeking an injunction to prevent an alleged wrongful termination of a...more

An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies

While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial and excess policies brokered on the London Market, to contain choice of law...more

3/21/2014  /  Choice-of-Law , Jurisdiction , UK

English Contract Law: Your Word May Still be Your Bond

American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am...more

3/14/2014  /  Bear Sterns , Contract Formation , UK

“DPAs” Have Arrived in England: The Proof of the Pudding Is in the Eating

As noted in our previous Alert in September 2013, the UK Crime and Courts Act 2013 has now come into effect this month making deferred prosecution agreements (DPAs) available to the Director of the Serious Fraud Office (SFO)...more

Deferred Prosecution Deals and Sentencing Guidelines Come to the UK: How Will They Work in Bribery and Corruption Cases?

Although the perceived slow pace of investigations and prosecutions by the Serious Fraud Office ("SFO") has come in for a great deal of commentary and criticism, it does appear that the SFO is slowly but surely ramping up its...more

UK Bribery Act: Serious Fraud Office Announces its First Prosecutions

On 14 August, the Serious Fraud Office (SFO) announced that four men connected to Sustainable AgroEnergy plc have been charged with offences of conspiracy to commit fraud by false representation and conspiracy to furnish...more

'Reps' and Warranties: One Could Cost More Than the Other Under English Contract Law

Contractual representations and warranties are often grouped together, referred to in shorthand as “reps and warranties.” The differences between the two concepts are often forgotten, but the distinction is important: a...more

English Courts Explain the Use of ‘Quia Timet’ Injunctions to Preempt Damages

In London Borough of Islington v Elliot and Morris [2012] EWCA Civ 56, the Court of Appeal reviewed the principles that apply when considering the power of a court under English law to grant injunctions before damage has...more

7/30/2013  /  Encroachments , Injunctions

UK Bribery Act: Still Hostage to Budget Cuts?

According to a 22 July 2013 article in The Law Society Gazette, the Serious Fraud Office (SFO) is investigating only two cases relating to the Bribery Act more than two years after the law came into force. Response to a...more

UK Law: Deferred Prosecution Agreements Appear a Step Closer

Deferred prosecution agreements (DPAs), whereby a prosecution for corporate crime is suspended in return for a promise of good behaviour, a possible fine and other conditions, appear likely to be introduced next year in the...more

Repudiatory Breach of Contract in English Law: a Matter of Timing or the Eye of the Beholder?

Under English law, an innocent party faced with a serious breach of contract by its counterparty is in a difficult position. Whilst a reasonable time is allowed to decide whether to accept the breach, or terminate the...more

UK Bribery Act: Red Light, Green Light or Mixed-Signals?

The UK Government has announced a review of the Bribery Act 2010 and its intent to reduce the cost of compliance for small and medium-sized businesses. The main focus will apparently be on facilitation payments. These are...more

The Emergence of an Implied Duty of Good Faith in Contracts Governed By English Law

One of the issues that distinguishes U.S. law from English law is the concept of an implied contractual duty of good faith. While U.S. law has embraced this concept, it was believed that English law had not. However, as a...more

Stricter Anti-Money Laundering Controls on Tap for EU Banks and Financial Companies

Financial businesses operating in the European Union will need to consider implementing stricter anti-money-laundering and anti-terrorism-financing controls or face a potential fine of up to 10 percent of their annual...more

A Year-End Update on the UK Bribery Act

Although 2012 did not bring a major prosecution, it was not without note-worthy events. The UK Serious Fraud Office (SFO), on top of the withdrawal of previous Bribery Act guidance and the publication of new guidelines in...more

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