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Contentious Commentary May 2013
9 May 2013
Publication
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...
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Enforcement Against State Assets: France's Latest Contribution to the Argentinean Saga
25 April 2013
Publication
Three judgments handed down on 28 March 2013 by the French Cour de Cassation continue to restrict the ability of private creditors to enforce post-judgment measures against State assets
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Misselling: A Global Perspective
25 April 2013
Publication
Turbulent economic conditions and heightened levels of media, political and regulatory interest in banks' dealings with consumers are leading investors to question and challenge the circumstances in which they were sold products to an unprecedented extent.
This...
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A Greek Tragedy, Act II: ACG v Olympic Airlines – Court of Appeal upholds conclusive Certificate of Acceptance
19 April 2013
Publication
Almost a year ago, we reported on the decision of the High Court in ACG Acquisition XX LLC v Olympic Airlines (in special liquidation) [2012] EWHC 1070 (Comm), involving an aircraft leased by ACG to Olympic which was found to be in a defective condition, after...
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Structured loans to public authorities and TEG – Back on for another ride
17 April 2013
Publication
The three decisions of the Tribunal de Grande Instance of Nanterre of 8 February 2013 is the latest episode in the French structured loans to public authorities saga.
The Tribunal de Grande Instance of Nanterre rejected the request of the department of Seine-Saint-Denis...
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Newsletter 'EuGVVO-Reform verabschiedet'
20 March 2013
Publication
Der Rat der Justizminister hat am 6. Dezember 2012 eine Reform der Verordnung
(EG) Nr. 44/2001 verabschiedet. Die Vorschriften der neuen Verordnung
(EU) Nr. 1215/2012 über die gerichtliche Zuständigkeit und die Anerkennung
und Vollstreckung von Entscheidungen...
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The Jackson reforms: what they mean for English commercial litigation
19 March 2013
Publication
The Jackson reforms come into force on 1 April 2013. Though aimed primarily at personal injury litigation, the reforms will affect commercial litigation. For example, the rules on disclosure will change, cases could be subject court-determined budgets, and claimants...
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Contentious Commentary - March 2013
15 March 2013
Publication
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...
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Hong Kong Court again places reliance on contractual terms to dismiss mis-selling claim against Private Bank
15 March 2013
Publication
In the recent judgment of DBS Bank (Hong Kong) Ltd v San-Hot HK Industrial Company Ltd & HAO Ting, HCA 2279A/2008, released on 13 March 2013, Hong Kong's Court of First Instance (the CFI) has found in favour of DBS Bank (Hong Kong) Ltd (DBS), awarding...
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Unilateral option clauses in arbitration: a survey as to their effectiveness
25 February 2013
Publication
Unilateral option clauses – i.e. dispute resolution clauses providing for
arbitration but giving one party the right instead to refer any particular dispute to
litigation before the courts – are a common feature in many transaction
documents. However,...