‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’
OUT-LAW.com, 22nd November 2022
Source: www.pinsentmasons.com
‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’
Courts & Tribunals Judiciary, 31st October 2022
Source: www.judiciary.uk
‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’
Legal Futures, 2nd November 2022
Source: www.legalfutures.co.uk
‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’
OUT-LAW.com, 27th October 2022
Source: www.pinsentmasons.com
‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’
Supreme Court, 4th October 2022
Source: www.supremecourt.uk
‘The Law Commission of England and Wales has today unveiled new proposals to update the Arbitration Act 1996, to ensure that the UK continues to be the foremost destination for international arbitration.’
Law Commission, 22nd October 2022
Source: www.lawcom.gov.uk
‘Arbitration agreements requiring that the arbitrator be a “commercial man” or otherwise specifying a protected characteristic will be unenforceable under Law Commission proposals published today.’
Legal Futures, 22nd September 2022
Source: www.legalfutures.co.uk
‘The phrase ‘sportswashing’ is one that is used regularly in the press. So, what is it? There is no single definition and none that appears in the Oxford English dictionary. We can be bold and safely surmise that it is where a state uses sport to propel their reputation positively as a means to cover their poor human rights record.’
Church Court Chambers, July 2022
Source: churchcourtchambers.co.uk
‘Lord Reed, London International Disputes Week.’
Supreme Court, 11th May 2022
Source: www.supremecourt.uk
‘A serial litigant who has “repeatedly advanced baseless allegations of dishonesty and bad faith” in a litany of claims has been banned from bringing claims in the High Court for two years.’
Law Society's Gazette, 13th April 2022
Source: www.lawgazette.co.uk
‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’
Practical Law: Construction Blog, 16th February 2022
‘The Law Commission has today, 30 November 2021, announced that it will conduct a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales and Northern Ireland.’
Law Commission, 30th November 2021
Source: www.lawcom.gov.uk
‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’
UKSC Blog, 16th November 2021
Source: ukscblog.com
‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’
OUT-LAW.com, 2nd November 2021
Source: www.pinsentmasons.com
‘Liverpool-based art collector and computer programmer Amir Soleymani has recently filed a High Court claim against non-fungible token (NFT) marketplace Nifty Gateway, concerning the auction terms relating to his $650,000 third-place bid for digital artist Beeple’s “Abundance” NFT.’
OUT-LAW.com, 26th October 2021
Source: www.pinsentmasons.com
‘The Appellant, a Lebanese company, entered into a Franchise Development Agreement with a Kuwaiti company, granting a licence to operate its restaurant franchise in Kuwait for ten years. In 2005, the company became a subsidiary of the Respondent. A dispute arose under the FDA and linked Franchise Agreements, which was referred to arbitration.’
UKSC Blog, 27th October 2021
Source: ukscblog.com
‘FLiP has been a strong supporter of family arbitration as a means of resolving disputes away from the courts since family arbitration was introduced into England & Wales in February 2012. In fact, it was at FLiP that one of the first family arbitrations under the new scheme took place and, as a firm, we offer three qualified family arbitrators.
The uptake and breadth of appeal of family arbitration has turned a real corner in the past 16 or so months. The decision of A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), published in July 2021, has clarified how family arbitration works within the family court system; it should give those considering using family arbitration full confidence in the process as a cogent alternative to litigation.’
Family Law, 1st October 2021
Source: www.familylaw.co.uk
‘What, I hear you ask, am I doing writing about football? Well, despite the title of this blog, it’s actually about an arbitration and subsequent court proceedings that just happen to involve a football club. I think it’s interesting for a number of reasons, not least because it applies the Supreme Court’s findings in Halliburton Company v Chubb Bermuda Insurance Ltd, which I blogged about last year.’
Practical Law: Construction Blog, 22nd September 2021
‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’
Transparency Project, 30th July 2021
Source: www.transparencyproject.org.uk
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