Contentious Commentary - A review for litigators - June 2012
27 June 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:
- Best endeavours are enforceable but uncertain
- Innocent party can choose whether or not to terminate
- Aircraft acceptance certificate bars later complaints
- Obligation to reach agreement in good faith not enforceable
- Parties can look after their own interests in closing out
- Late finding of contractual breach fails to discharge debt
- Breach of arbitration award can lead to damages
- Court stays proceedings despite domicile
- Venue and seat of arbitration synonymous (probably)
- Anti-suit injunction to protect arbitration against non-parties
- RDC must give proper reasons
- Breach of privilege has no consequences for FSA
- Judicial criticism leads to FSA prohibition
- Implied terms protect bank on money laundering
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Parent liable to subsidiary's employees