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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

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

2014 Resolutions Series: Don’t Just Throw in the Towel

A business relationship is just that: a relationship. It has phases like any other relationship, and takes effort and mutual interest from both parties to keep it functional. While ideally every business relationship will...more

The Hidden Power of Routine Contract Provisions

Sometimes contractual provisions considered to be routine or boilerplate can have practical consequences down the road. A recent case from the U.S. District Court for the Eastern District of Virginia reminds us that choice...more

Problematic Sports Industry Contract Provision No. 1 - The (Un)enforceability of Arbitration Provisions

The first problematic contract provision often found in sports industry contracts are arbitration provisions. Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more

State of Washington v. James River Insurance Company – What Impact on Bermuda Insurers?

The short answer is – none. State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme...more

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