Clifford Chance

Contentious Commentary April 2012

16 April 2012

Clifford Chance has prepared 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. Headlines in this edition include:

• Brokers can look after their own interests when closing out
• A literal approach to the interpretation of contracts
• A contractual notice must be clear as to its import
• Commercial parties can determine the allocation of risks themselves
• Hiding a breach of contract brings benefits
• Beneficiary is the decision maker for rectification
• Avoiding contracts for duress made easier
• No terms to be implied in the ISDA Master Agreement
• Court declines to stop an arbitration
• Venue and seat of arbitration synonymous
• Judge refuses to circumvent the Italian courts
• Lehman client money decision upheld
• Confidentiality cannot be used to stop employees changing jobs
• E-disclosure requires strict management
   

 

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