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Clifford Chance

Clifford Chance


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
  • Parent liable to subsidiary's employees
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