What reasonable steps does a party have to take to overcome a force majeure clause? – Mills & Reeve

Posted January 5th, 2023 in arbitration, charterparties, contracts, news by sally

‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘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.’

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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

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

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Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘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.’

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Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘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.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Lord Hodge, Guildhall Lecture – Supreme Court

‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’

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Supreme Court, 4th October 2022

Source: www.supremecourt.uk

New reforms to ensure UK retains position as a leader in international arbitration – Law Commission

‘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.’

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Law Commission, 22nd October 2022

Source: www.lawcom.gov.uk

Law Commission seeks ban on discrimination in appointing arbitrators – Legal Futures

‘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.’

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Legal Futures, 22nd September 2022

Source: www.legalfutures.co.uk

“Sportswashing – Are Legal Remedies Available?” – Church Court Chambers

Posted August 18th, 2022 in arbitration, human rights, international courts, news, sport, United Nations by sally

‘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.’

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Church Court Chambers, July 2022

Source: churchcourtchambers.co.uk

Lord Reed, London International Disputes Week – Supreme Court

‘Lord Reed, London International Disputes Week.’

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Supreme Court, 11th May 2022

Source: www.supremecourt.uk

‘£33 quadrillion’ serial litigant given two-year court ban – Law Society’s Gazette

Posted April 14th, 2022 in arbitration, judicial review, news, restraining orders, vexatious litigants by tracey

‘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.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

‘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.’

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Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Law Commission to review the Arbitration Act 1996 – Law Commission

Posted December 3rd, 2021 in arbitration, consultations, Law Commission, news, statute law revision by tracey

‘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.’

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Law Commission, 30th November 2021

Source: www.lawcom.gov.uk

Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted November 16th, 2021 in arbitration, assignment, choice of forum, enforcement, news, subsidiary companies by sally

‘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.’

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UKSC Blog, 16th November 2021

Source: ukscblog.com

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.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.’

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OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Art collector’s court case signals potential legal and contractual issues with NFTs – OUT-LAW.com

Posted October 28th, 2021 in arbitration, artistic works, auctioneers, internet, news by sally

‘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.’

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OUT-LAW.com, 26th October 2021

Source: www.pinsentmasons.com

New Judgment: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted October 28th, 2021 in appeals, arbitration, company law, food, news, Supreme Court by sally

‘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.’

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UKSC Blog, 27th October 2021

Source: ukscblog.com

A v A [2021] – The Final Piece of the Puzzle for Family Arbitration – Family Law

Posted October 4th, 2021 in arbitration, dispute resolution, families, family courts, news by tracey

‘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.’

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Family Law, 1st October 2021

Source: www.familylaw.co.uk

Arbitrators escape the red card in Manchester City case – Practical Law: Construction Blog

Posted September 23rd, 2021 in arbitration, bias, news, remuneration, sport by tracey

‘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.’

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Practical Law: Construction Blog, 22nd September 2021

Source: constructionblog.practicallaw.com

QC arbitrators in Man City case were not “beholden” to Premier League – Legal Futures

Posted August 11th, 2021 in arbitration, barristers, bias, news, queen's counsel, sport by tracey

‘The High Court has rejected a claim by Manchester City football club that there was apparent bias on the part of three QCs sitting on a Premier League arbitration panel.’

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Legal Futures, 11th August 2021

Source: www.legalfutures.co.uk