English Commercial Court enforces obligation to resolve disputes by friendly discussion prior to arbitration
07.07.2014 | Commercial Disputes
Multi-tiered dispute resolution clauses whereby parties are required to mediate prior to arbitration or litigation have been common currency for some time and the English courts have previously grappled with the extent to which such clauses are little more than unenforceable agreements to negotiate as a result of the decision in Walford v Miles.
Passing costs liability down a charterparty chain
19.02.2013 | Commercial Disputes
This decision deals with the recoverability of costs as damages in arbitration, where the claim is being passed down through a chain of charterparties but there is no arbitration reference for one of the links in the charterparty chain.
Construing the strike exception in an AmWelsh charterparty
13.08.2012 | Commercial Disputes
The Court of Appeal has recently considered the construction and scope of the strike exception in an AmWelsh voyage charterparty.
When is it unreasonable to withhold your consent?
26.07.2012 | Commercial Disputes
This article reviews a recent Commercial Court decision, clarifying when it is unreasonable for a party to withhold its consent under a commercial agreement.
Claims consultants and surveyors: be careful what you ask for
20.04.2012 | Commercial Disputes
A recent case in the Technology and Construction Court makes it clear that advice taken from claims consultants is not covered by legal professional privilege even where the advice comes from legally qualified personnel who are instructed by the claims consultants.
Court of Appeal gives effect to market practice – guarantees given in email negotiations
11.04.2012 | Commercial Disputes
In this article, we review the Court of Appeal decision in a recent Ince case, where the Court of Appeal gave effect to market practice in relation to guarantees given in email negotiations.