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Clifford Chance

Clifford Chance


Contentious Commentary - A review for litigators - February 2012

10 February 2012

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:

  • The nature of EUAs and remedies for their misappropriation
  • Timing problems
  • Enforcing an arbitrators' negative declaration
  • Stopping foreign proceedings that undermine arbitration
  • Mediation agreement not binding
  • The power of non-exclusivity
  • Piercing the corporate veil is hard, and does not impose contractual obligations
  • Ways round an Italian (or Greek) torpedo
  • Jurisdiction for a claim on one contract cannot flow from another
  • Insolvency has global reach
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