News & Analysis as of

Contract Negotiations Contract Disputes

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Limited role for contra proferentem rule in the interpretation of commercial contracts

by Allen & Overy LLP on

In a dispute over the scope of an exemption clause in a construction contract, the Court of Appeal declined to apply the contra proferentem rule, emphasising its very limited role when interpreting a commercial contract...more

Renegotiation clause in long-term contract – what if parties cannot agree?

by Allen & Overy LLP on

A long-term licence agreement provided that if the parties could not agree on changes to the contract to reflect a major change in circumstances the matter would be referred to an arbitrator who would decide the new terms....more

Is your letter of intent a patchwork of provisions?

by Dentons on

Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, commercial necessity often requires parties to start the works before finalising the...more

Court of Appeal confirms relevance of communications subsequent to an alleged contract

by White & Case LLP on

Contract negotiations necessarily involve much toing and froing between the parties, but at what point does the contract become final? When can you stop taking further exchanges into account and what is the effect of "subject...more

Back to basics... Contractual interpretation

by DLA Piper on

It often seems to be the case that contractual wording which seemed crystal clear during negotiations somehow becomes much less clear by the time it has to be looked at again… often at a point in time when the parties are on...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

by Reed Smith on

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

Owners: Have You Protected Your Project Design?

by Stoel Rives LLP on

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s...more

Civil Code Reform: New Provisions on Contracts and Obligations

by White & Case LLP on

On 8 March 2015, the President signed Federal Law No. 42-FZ "On Amending Part 1 of the Russian Civil Code." The amendments aim at increasing the stability and predictability of contractual relations under Russian law at...more

No Economic Recovery Available For Breach Of A Non-Compete Set Forth In A Distributorship Agreement Which Bars Damages Awards

by Seyfarth Shaw LLP on

Where a freely negotiated contract between two sophisticated companies included a provision barring an award of monetary relief for breach of contract, the court will enforce the provision as written and award no economic...more

Nondisclosure Agreements: A Lesson from Daughters of Charity

by Buchalter on

On February 23, 2015, Daughters of Charity Health System filed a complaint in Santa Clara County against Service Employees International Union, the local SEIU affiliate, and Blue Wolf Capital, the SEIU’s ally in a bid for the...more

Service Provider Not A Fiduciary In Negotiating Its Contract

A federal district court in Iowa dismissed a putative class action complaint brought by several 401(k) plan sponsors who alleged that Principal Life Insurance Company breached its fiduciary duties to the plans by charging...more

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

by JAMS on

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

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