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Clifford Chance

Clifford Chance


Contentious Commentary - March 2016

14 March 2016

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:

  • Standard form agreements are not standard written terms
  • Limited obligations on SFO regarding privilege
  • Exclusion clause means what it says
  • Notes redeemable when they don't help pass stress test
  • Directors must always act for proper purposes
  • Mortgagees' duties limited
  • New corporate register
  • Enforcement of NY judgment refused
  • Predictive coding applied to limit disclosure
  • Use of ISDA Master Agreement makes swap enforceable
  • Forum non conveniens applies between Scotland and England
  • Public policy is limited in scope
  • Arbitration may be obligatory
  • Enforcement of BIT award allowed
  • Party liable under foreign law joined to arbitration
  • Not paying proper court fees is an abuse
  • Misselling allegations do not defer all payments
  • Shareholder can't claim for company's losses
  • Banks' swaps misselling review not judicially reviewable
  • Swaps misselling review imposes no extra duties to customers
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