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Searching Content indexed under Contracts and Commercial Law by Herbert Smith Freehills ordered by Published Date Descending.
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1
Pre-Contractual Statements: When Can They Come Back To Bite You?
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt,
UK
10 Oct 2019
2
Court Of Appeal Finds Entire Agreement Clause Did Not Preclude Terms Of Superseded Contract Being Admissible To Explain Meaning Of Unconventional Term
The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, services)
UK
29 Aug 2019
3
What Does Your Contract Mean? How The Courts Interpret Contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in the circumstances that have come about.
UK
16 Aug 2019
4
Approval Of UK's Fifth DPA Concludes SFO Investigation Into Serco Companies
On 4 July 2019, Mr Justice William Davis approved a Deferred Prosecution Agreement ("DPA") agreed between the Serious Fraud Office ("SFO")
UK
16 Aug 2019
5
Malaysian High Court Considers The Legality Of An Underlying Contract Which Was The Subject Of Arbitration
In Calibre M&E Sdn Bhd v PT Cooline HVAC Engineering (Originating Summons Nos. WA-24C(ARB)-47-09/2017 and WA-24C(ARB)-49-10/2017),
Malaysia
9 Aug 2019
6
Court Of Appeal Clarifies Test For Rectifying Terms Of Written Contract For Common Mistake
The court disagreed with Lord Hoffman's (obiter) observations in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 that, even for the second limb above, the test is purely objective and subjective intentions are irrelevant.
UK
8 Aug 2019
7
Court Of Appeal Finds Defendant Gave Good Consideration For Varied Settlement In Agreeing To Give Up Defence That Was Later Found To Be Without Merit
The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v Shavleyan [2019] EWCA Civ 1105.
UK
26 Jul 2019
8
Court Of Appeal Finds Clause Imposing Liquidated Damages For Delay Did Not Apply Where Work Was Never Completed
In a recent decision, the Court of Appeal held that a clause providing for liquidated damages for delay did not apply where the contractor failed to complete the contracted work
UK
28 Mar 2019
9
Government Accepts Need For Greater Clarity In Regulations Governing Damages-Based Agreements
The government has today published the results of its post-implementation review of the key legislation that implemented the costs and funding aspects of the Jackson reforms ...
UK
20 Feb 2019
10
Supreme Court Overturns Decision Finding Contract Incomplete And Declining To Imply Term
The Supreme Court has unanimously held that a binding agreement was reached between a property seller and an estate agent, despite the parties not having specified the circumstances in which the agreed rate of commission ...
UK
20 Feb 2019
11
Drafting Contracts – Key Lessons From 2018
In this briefing we look at the lessons to be learnt from some of the English contract law cases of 2018. With the exception of the Supreme Court
UK
18 Feb 2019
12
Court Of Appeal Finds Interim Contract Incorporated Terms And Conditions Including Limitation Of Liability
The defendant brought proceedings in 2015 seeking a declaration as to the effect of a contractual liability cap it relies upon.
UK
30 Jan 2019
13
Court Of Appeal Holds Spa Earn-Out Unenforceable As An Agreement To Agree
The Court of Appeal has rejected a seller's claim that he was entitled under a sale and purchase agreement to provide consultancy services to the target company for a further period after an initial four year earn-out.
UK
27 Dec 2018
14
JCAA Call For Public Comments On Proposed Updates To Its Rules
In its introduction, the JCAA makes the frank admission that it: "has yet to play a significant role in the resolution of international disputes."
Japan
17 Dec 2018
15
English Court Upholds On Paper Dismissal Of Serious Irregularity Challenge With No Prospects Of Success
The English High Court's decision in Asset Management Corporation Of Nigeria v Qatar National Bank [2018] EWHC 2218 (Comm), handed down in July 2018 but only recently published, concerned the court's
UK
13 Dec 2018
16
High Court Finds Liquidated Damages Clause For Delay In Construction Contract Was Not Unlawful Penalty
The High Court has found that clauses in engineering, procurement and construction (EPC) contracts relating to solar power plants, which provided for a delay damages rate of £500 per day per MWp,
UK
12 Dec 2018
17
Back Whence It Came: Hong Kong Court Remits Award For Serious Irregularity
A tribunal had decided liability and awarded sums as due on a basis not advanced by the claimant.
Hong Kong
12 Nov 2018
18
English High Court Refuses To Set Aside Order For Enforcement Under S103 In Long-Running Dispute Regarding ICC Award
The English High Court has refused an application under s.103 of the Arbitration Act 1996 ("AA 1996") to set-aside an order allowing for the enforcement of an ICC award in England.
UK
8 Nov 2018
19
Contracting With Governments: Pitfalls, Arbitration, Sovereign Immunity And Enforcement
Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty.
United Arab Emirates
26 Oct 2018
20
New HKIAC Rules Enter Into Force On 1 November 2018
The Hong Kong International Arbitration Centre (HKIAC) Council has approved updated Administered Arbitration Rules (2018 Rules).
UK
24 Oct 2018
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