The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series...more
The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more
The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more
2/5/2025
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Contract Terms ,
Dispute Resolution ,
Insurance Industry ,
Insurance Litigation ,
Jurisdiction ,
Reinsurance ,
Reinsurance Agreements ,
UK
The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more
Summary -
In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, handed down last month, the English Court of Appeal considered the principle in Mackay v Dick & Stevenson....more
The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more
In the English Court of Appeal's judgment in Drax Smart Generation Holdco Limited v Scottish Power Retail Holdings Limited [2024] EWCA Civ 477, it considered the validity of a notice of claim served pursuant to a share...more
In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more
5/21/2024
/ Arbitration ,
Business Disputes ,
Business Litigation ,
Contract Disputes ,
Contract Terms ,
Force Majeure Clause ,
Goods or Services ,
Performance Standards ,
Shipping ,
UK ,
UK Supreme Court
Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation? The decision in the recent case of Lancashire Schools v Lendlease serves...more