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Clifford Chance

Clifford Chance

Briefings

Contentious Commentary - September 2011

2 September 2011

Please find attached 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 of "Contentious Commentary" covers:

Arbitrators can be of specific nationalities

Arbitration agreement in company articles is binding

Flip clause valid

No sovereign immunity for judgment enforcement

Section 2(a)(iii) of the ISDA Master Agreement again

Excluding a warranty does not exclude a condition

Agreement to agree unenforceable

Foreign judgment rejected for human rights violations~

No security for costs of counterclaim

Interest on costs usually runs from the date of the order

Court decides expert's jurisdiction

Withdrawn Part 36 offer has same consequences as unwithdrawn offer

Abuse required to strike out claim for disclosure failings

Court can relieve agreed unless orders

No power to deny a party access to evidence

Government starts implementation of Jackson reforms

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