News & Analysis as of

Contract Terms Arbitration United Kingdom

Vinson & Elkins LLP

The Arbitration Act 2025: Modernising and Streamlining English-Seated Arbitration

Vinson & Elkins LLP on

The Arbitration Act 2025 (the “2025 Act”) is a welcome update to English arbitration law and one which seeks to further London’s place as a leading seat for international arbitration. The 2025 Act received Royal Assent on 24...more

A&O Shearman

UK Arbitration Act 2025 - key changes for commercial parties

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On 24 February, the UK Arbitration Act 2025 received Royal Assent. The new Act introduces a series of enhancements to the Arbitration Act 1996 following a review by the Law Commission. These changes aim to ensure the UK’s...more

Jenner & Block

Client Alert: The English Arbitration Act - Key Changes and Implications for Businesses

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On 24 February 2025, the Arbitration Act 2025 received Royal Assent, bringing into effect long-touted amendments to the English Arbitration Act 1996 (the “1996 Act”). This soft-touch reform introduces several changes aimed at...more

Hogan Lovells

Springtime for English arbitration: Arbitration Act 2025 hits the statute book

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The Arbitration Act 2025 introduces a small number of significant reforms designed to ensure that London maintains its status as one of the world's leading seats of international arbitration. It received Royal Assent on 24...more

Baker Botts L.L.P.

Don't Get Caught Out: When English Limitation Periods Can Trump Your Contract's Governing Law

Baker Botts L.L.P. on

The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of...more

A&O Shearman

Where there's no waiver, there's no way

A&O Shearman on

The English High Court has provided further guidance on the interpretation of “no waiver” clauses in a recent decision. The backdrop to this decision was a sanctions related dispute about the termination of a currency swap...more

JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

JAMS on

While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more

Mayer Brown

English Court Rules on Conflicting Jurisdiction and Arbitration Clauses

Mayer Brown on

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

Orrick, Herrington & Sutcliffe LLP

Tiered Dispute Resolution Clauses: Navigating Pitfalls in the U.S. and UK

Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A poorly worded clause can...more

A&O Shearman

Maritime misadventure: the case of the nominal damages

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Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more

Morrison & Foerster LLP

Singapore and English Courts Examine Availability of Anti-suit Injunctions in Claims Against Non-parties to Arbitration Agreements

Singapore and England & Wales have longstanding reputations as arbitration-friendly jurisdictions. Where parties have entered into an arbitration agreement but one party nonetheless commences court litigation over a claim...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

BCLP on

The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Mayer Brown

Legal Developments in Construction Law: September 2024

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1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

BCLP on

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

BCLP on

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

Mayer Brown on

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

Hogan Lovells

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

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The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more

BCLP

Case Flags Risk of Unclear ADR Procedure

BCLP on

While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more

Cooley LLP

Commercial Court Refuses to Set Aside an Arbitration Award on Consumer Protection Grounds

Cooley LLP on

In Eternity Sky Investments Ltd v. Zhang,[1] the Commercial Court refused an application to set aside an enforcement order in respect of an award made in a Hong Kong-seated arbitration on the grounds that enforcement would be...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Latham & Watkins LLP

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

Latham & Watkins LLP on

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

A&O Shearman

Reform of the English Arbitration Act 1996

A&O Shearman on

Summary Disposal: Towards More Efficient Arbitration - On 22 September 2022, the Law Commission of England & Wales published a consultation paper as part of its ongoing review of the Arbitration Act 1996 (the “Act”)....more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

Latham & Watkins LLP on

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

BCLP

Leasing - liability for rent during the pandemic

BCLP on

Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

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