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International Litigation Contract Terms

JAMS

Across Borders and Barriers: How Culture Shapes the Law in International Legal Negotiations

JAMS on

The idea for “Across Borders and Barriers: Insights Into International Legal Negotiations” was born from years of observing what too often goes unsaid in cross-border legal practice: that most of the difficulty lies not in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Impact of Tariffs on Commercial Contracts

Parties confronted by the prospect of new tariffs will need to assess their impact on existing contractual obligations. U.S. law imposes the initial payment of the tariff on the importer of record who brings the good into...more

Foley Hoag LLP

D.C. Circuit Looks to Contract Terms to Determine Whether Breach Outside the United States Has “Direct Effect” Inside the United...

Foley Hoag LLP on

On July 16, 2024, the U.S. Court of Appeals for the D.C. Circuit dismissed the case Wye Oak Technology, Inc. v. Republic of Iraq and Ministry of Defense of the Republic of Iraq, for lack of subject matter jurisdiction because...more

Lathrop GPM

Fifth Circuit Affirms Ruling in International Breach of Contract Case

Lathrop GPM on

The Fifth Circuit Court of Appeals recently affirmed a federal district court’s ruling in a breach of contract action brought by Shenzen Synergy Digital, a China based manufacturer and exporter, against Mingtel, a Texas based...more

A&O Shearman

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

A&O Shearman on

In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

White & Case LLP

Invalid payment claims and notices under construction contracts

White & Case LLP on

A key part of the interim payment process in construction projects is the issuing of payment notices by payee and payer alike. Two recent UK cases demonstrate a strict approach being taken by the courts to the validity of...more

BCLP

What law governs your arbitration clause? You decide.

BCLP on

It’s midnight and you’re in the final stages of negotiation in a complex international transaction. It’s probably a safe bet that the one thing that is not keeping you awake is a concern over what law governs the arbitration...more

Jones Day

Western Australia Proposes Building and Construction Industry (Security of Payment) Bill 2020

Jones Day on

The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

White & Case LLP

Damages for breach of an exclusive jurisdiction clause

White & Case LLP on

A recent judgment by the German Federal Court of Justice strengthens the position of companies concluding a forum selection clause in favor of German courts. If German courts are selected as the exclusive forum, bringing an...more

White & Case LLP

War Clauses: Friend (not Foe) of Force Majeure

White & Case LLP on

The Great Financial Crisis, natural disasters and political turmoil in various regions around the world have recently highlighted the significant importance of force majeure clauses. With regard to political turmoil, often...more

Skadden, Arps, Slate, Meagher & Flom LLP

Drafting International Dispute Resolution Clauses

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more

White & Case LLP

"No deal" Brexit Plan of Action

White & Case LLP on

As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more

White & Case LLP

Liquidated damages in energy projects

White & Case LLP on

In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last...more

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