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Tag Archives: English Court of Appeal
Mandatory Mediation: Multi-tier Clauses and the Court System
Recently, the English Court of Appeal in Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 lamented the difficulties faced by the courts in managing cases filed or defended by litigants in person. One issue raised was the … Continue reading
Medirest Case Update: English Court of Appeal narrows obligation to cooperate in good faith
We previously discussed the case of Compass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust, [2012] EWHC 781 (QB) as part of our Technology and Outsourcing Hot Spots series. In particular, we highlighted the case … Continue reading
When can the veil of confidentiality in arbitral proceedings be pierced?
[Editors Note: We are very pleased to guest-post an article by Olswang's Hannah Brown on when the veil of confidentiality in arbitral proceedings be pierced.] The Claimant in Westwood Shipping Lines Inc. and another company v Universal Schiffahrtsgesellschaft MBH and another [2012] EWHC … Continue reading
Posted in Arbitration, UK
Tagged arbitration, case law, confidentiality, English Court of Appeal
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Case Update: Agreement to Agree is not Fatal (in a Subsisting Contract)
It is a well-settled principle of law that a so-called agreement to agree between parties is void and unenforceable for uncertainty. Lord Ackner in the House of Lords’ decision in Walford and Others v Miles and Another [1992] 2 AC 128 observed … Continue reading
Pathological Arbitration Clauses
In a recent post, we wrote about the Singapore High Court case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd, [2013] SGHCR 5 which involved a good example of how a badly drafted arbitration clause increases uncertainty, time and costs … Continue reading
Posted in Arbitration, Hong Kong, Singapore, UK
Tagged arbitration, case law, Defective arbitration clause, English Court of Appeal, English High Court, Germany, LCIA, Pathological arbitration clause, SIAC, singapore arbitration, singapore court of appeal, singapore international arbitration, Switzerland
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Singapore Law Watch Commentary
Our case update on a simplified approach advanced by the English Court of Appeal to distinguish between a bond and a guarantee, has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. The SLW … Continue reading
Posted in China, Singapore, UK
Tagged case law, Commentary, English Court of Appeal, guarantee, on demand bonds, Singapore Law Watch, SLW
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Singapore Law Watch Commentary
Our case update on an arbitration clause in the main agreement being an implied term in the settlement agreement has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. The SLW Commentary examines an … Continue reading
Case Update: A simplified approach to distinguishing between guarantees and bonds?
The English Court of Appeal has sought to re-establish in Wuhan Guoyu Logistics Group Co Ltd & Anor v Emporiki Bank of Greece SA, [2012] EWCA Civ 1629, a simpler and more streamlined test (presumption) for determining whether a so-called … Continue reading
Case Update: Arbitration Clause in Main Agreement was an implied term in Settlement Agreement
The English High Court recently saw it fit to imply an arbitration clause found in a main agreement between parties to a settlement agreement which had arisen out of a dispute between the same parties. On that basis, the defendant … Continue reading
Singapore Law Watch Commentary: Agreement to Agree
Our case update on how an agreement to agree is not necessarily fatal to the enforcement of the agreement, has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. Our SLW Commentary examines the … Continue reading →