When a contracting party decides that the counterparty is worth an exclusive commitment, such a decision often rests on some minimum expectations and basic assumptions. But, in light of Murphy’s law, it may be worthwhile to...more
Do you know who your counterparty is? Most of you reading this article will respond – of course, I do. At the start of the business relationship, accounting performed its due diligence, checking for any red flags to...more
News of the failure of Silicon Valley Bank in the United States has dominated headlines over the last few days. Late yesterday, Friday, 10 March 2023, the Bank of England made an announcement about the status of Silicon...more
As a result of the Coronavirus pandemic and the related lock-downs, many businesses will find that counterparties owe them fixed obligations, for example debt payments, but say that they are unable to fulfill these...more
As the economic impacts of the COVID-19 pandemic continue to grow, many businesses are faced with unprecedented challenges. As businesses struggle economically, they may face pressure from their contractual counterparties...more
By now, you have seen countless commentaries about potential supply chain disruptions caused by COVID-19. Most tell you to review your contracts, including any force majeure provisions, to determine your and your...more
Many organizations may be parties to contracts where the counterparty is seeking to cancel its obligations because of COVID-19. This situation is arising in relation to various commercial relationships, including supply...more
While no one can reliably predict the outcome, spread, or duration of the coronavirus outbreak, or its tragic human toll, its current effects on Asian and international supply chains are unprecedented. The economic distress...more
US parties should consider international arbitration, rather than standard NDA dispute resolution provisions, to resolve disputes that include a foreign counterparty. Key Points: ..Injunctive relief ordered by a US...more
Agricultural producers are often asked to enter into written contracts. Those contracts can cover a wide range of issues including buying equipment, leasing property and selling products. Although the subject matter varies...more
Since arbitration is a process of dispute resolution in accordance with a private agreement, the question of consolidation of arbitral proceedings ought to be determined in the same manner as other procedural issues. In...more
On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here)....more