Clifford Chance
Contentious Commentary May 2013
9 May 2013
The latest edition of "Contentious Commentary", a newsletter that provides a summary of recent developments in litigation. The newsletter is produced by lawyers in the litigation and dispute resolution practice at Clifford Chance.
This edition covers the following key issues:
- Exercising a right is not a discretion
- Aircraft acceptance certificate bars claim for poor condition
- Paying bondholders for their votes upheld
- No value clean principle in 2002 ISDA MA
- Multiple derivative claims outside legislative control
- Going concern letter to subsidiary not binding
- Terms implied to save uncertain agreement
- Payment obligation a condition of the contract
- Secret profit held on proprietary constructive trust
- Jurisdiction clause applies to third party claims
- An account of profits is a discretionary remedy
- No arbitration clause without the rest of the agreement
- Third party can't insist on arbitration for exclusion clause
- Disclosure ordered despite foreign illegality
- Solicitors not liable in costs for funding disbursements
- Contractual liability for costs leads to indemnity costs
