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
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E-disclosure requires strict management
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