Skip to main content

Clifford Chance

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


Download PDF