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Clifford Chance

Clifford Chance
Briefings

Briefings

Contentious Commentary - July 2015

20 July 2015

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:

  • Contractual interpretation should heed the parties' words
  • LP certificate conclusive even if fraudulent
  • Courts can correct obvious mistakes
  • "Consummated" in context
  • Contract clause rejected as repugnant to the rest
  • Contractual notices must be clear
  • EU ratifies Convention on Choice of Court  Agreements
  • The fate of the surplus in solvent insolvencies
  • ISDA jurisdiction clause non-exclusive
  • Arbitrators' anti-suit orders outside Brussels I
  • Clicking to agree to internet terms is binding
  • Jurisdictional challenges must be timely
  • Champerty doesn't invalidate contractual claim
  • Experts must reveal acquaintance with the parties
  • FCA identification need not be express
     
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