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Searching Content indexed under Litigation, Mediation & Arbitration by Gowling WLG ordered by Published Date Descending.
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1
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
UK
13 Jul 2018
2
A New Dawn For Enforcement Of Foreign Judgments In Singapore
Obtaining a judgment is not the end in litigation. Enforcement is another hurdle that parties will have to cross, and this may be especially difficult when a judgment debtor does not have assets within the jurisdiction.
Singapore
11 Jul 2018
3
Public Law Case Update - June 2018
Written by Gowling WLG's team of experts, our case update offers a straightforward overview of six recent important cases in public law and regulation.
UK
10 Jul 2018
4
The Court Of Appeal Confirms That Retrial Is Not Permitted
Alcon has successfully resisted AP Racing's appeal against an Intellectual Property Enterprise Court (IPEC) decision. The case concerns Alcon's high performance brake caliper designs and technology.
UK
6 Jul 2018
5
How To Shoot For Arrow Relief
The Court of Appeal has ruled that the discretion as to whether or not to award Arrow relief lies with the trial judge, for exercise in light of the facts and circumstances at the date of the trial.
UK
5 Jul 2018
6
Life Sciences Disputes: Is International Arbitration The Future?
The growth of the life sciences sector has been accompanied by a corresponding growth in related disputes, which are increasingly resolved by way of international arbitration.
UK
13 Jun 2018
7
Upper Tribunal Rules In Favour Of The Pensions Regulator Against ITV
ITV has failed to persuade the Upper Tribunal that directions issued by the Pensions Regulator requiring ITV to provide financial support to the Box Clever pension scheme should be set aside.
UK
8 Jun 2018
8
Finance Litigation: The Latest Cases And Issues - May 2018
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry
UK
30 May 2018
9
Parallel Import Guidance Clarified By CJEU
The Court of Justice of the European Union (CJEU) has issued a ruling clarifying what you can, and cannot, do if you wish to import goods from one Member State of the EU to another.
European Union
25 May 2018
10
Adjudication: Deciding What's Important
The new Construction Act (the "Act") implements a mandatory fast-track dispute resolution process designed to get cash flowing more quickly on the projects and to reduce the cost of large and lengthy disputes.
Canada
24 May 2018
11
Supreme Court Rules That A Contractual Term That Requires Modifications To Be In Writing Is Binding
Very often a contract contains a clause which states it may only be amended in writing. Such clauses are known as "No Oral Modification" or NOM clauses.
UK
22 May 2018
12
Insolvency Litigation: Recent Cases And Issues - May 2018
A decision of the Chancery Court which confirms the rule against contractual penalties will not apply to the terms of a company's own voluntary arrangement ...
UK
17 May 2018
13
"Habitual Residence": SCC Revamps Hague Convention Analysis With Hybrid Approach
On April 20, 2018, the Supreme Court of Canada released its decision in Office of the Children's Lawyer v. Balev, 2018 SCC 16 ("Balev") in which it adopts a new approach ...
Canada
16 May 2018
14
Limiting The Contractor's Design Liability Under NEC Wording: Does It Leave You Exposed?
In the Scottish decision of SSE Generation Limited v Hochtief Solutions AG [2018], a first instance decision has been overturned in part, holding the Contractor liable under NEC2 ...
UK
15 May 2018
15
Litigation Privilege Over Adjusters' Files In BC
This article identifies a significant development in 2016 in British Columbia jurisprudence with respect to insureds' claims for litigation privilege over adjusters' reports produced well before....
Canada
9 May 2018
16
Equustek Again: BC Supreme Court upholds Worldwide Injunction Despite US Refusal To Enforce
The Supreme Court of British Columbia has refused a motion to overturn its own worldwide injunction requiring Google to de-list certain websites from its search results pending the outcome...
Worldwide
3 May 2018
17
The Basics: What To Consider When Negotiating Governing Law And Jurisdiction Clauses
Parties negotiating any contract of substance, especially one with a cross border element, should consider the most appropriate form of dispute resolution for any disputes arising under it.
European Union
2 May 2018
18
Contractual Estoppel: Be Careful What You Sign
Parties are taken to have read and understood contracts they enter into.
UK
25 Apr 2018
19
Arbitrator Qualifications - Does An Insurance Barrister Have "Experience Of Insurance"?
In Allianz Insurance Plc & Anor v Tonicstar Ltd [2018] EWCA Civ 434, the Court of Appeal decided that an arbitration clause which provided that the arbitrators must have ...
UK
23 Apr 2018
20
The Basics: What Should A Dispute Resolution Clause Say?
Parties embarking on a new commercial venture together are often positive about their relationship and focused on making it work to their mutual benefit.
UK
19 Apr 2018
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