Enforcement of arbitration awards dominate this week’s Commercial Disputes Weekly, with the Supreme Court’s decision on the applicable law to determining the validity of an arbitration agreement, and the Commercial Court’s views on whether a counterclaim can be brought. Plus the first decision on costs capping orders since the introduction of costs budgeting, and an interesting decision from the Court of Appeal on the “battle of the forms” principle.
Read the twenty sixth edition of our weekly update of Italian labour law.
This week’s Commercial Disputes Weekly considers an important decision from the Supreme Court on whether a claimant is obliged to plead and prove foreign law, as well as an interesting case for the maritime sector on sanctions clauses in LOUs, and guidance from the TCC on the operation of the new rules on trial witness statements.
Read the twenty fifth edition of our weekly update of Italian labour law.
Can a claimant escape a contract that a defendant coerced them to enter into on the basis of threats to do something legal but potentially economically devastating to the claimant? That was the question addressed recently by the UK Supreme Court in Pakistan International Airline Corporation v Times Travel (UK) Ltd.
In this week’s Commercial Disputes Weekly there are important comments from the Court of Appeal on the enforcement of adjudication awards and whether uncontroverted expert evidence must be accepted, and the Commercial Court considers the effect of breach of an ADR provision.
The decision in CC Construction Ltd v Mincione is also a warning for adjudicators on the importance of considering carefully all defences raised by the parties.
In this week’s Commercial Disputes Weekly look out for an interesting shipbuilding case involving the use of confidential design documents, as well as the Court of Appeal’s comments on estoppel by conduct and guidance on when an adjournment will be granted.
Read the twenty third edition of our weekly update of Italian labour law.
There’s lots to discover in this week’s Commercial Disputes Weekly, including decisions on liability for rent during the covid-19 pandemic, which time zone should be used to determine the date of discharge, and the impact of the Disclosure Pilot on pre-action disclosure applications.
