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Withdrawn Part 36 offer has same consequences as unwithdrawn offer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