Clifford Chance
Contentious Commentary - April 2016
11 April 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:
- Incorrect derivatives confirmation rectified
- Two notices of sum payable on default permitted
- Lack of information justifies security for costs
- Settlement agreement excludes unknown claims
- Narrow interpretation of exclusion clause
- Breach cannot be proved by without prejudice letter
- Common law repudiatory breach outside contract terms
- When negotiation damages awarded remains unclear
- Vicarious liability explained
- Limited scope to escape from choice of law
- Arbitrator's firm's connection not apparent bias
- Strict compliance with court orders required
- Strict compliance with tribunal orders required
- Fraud allegation not sufficient to set aside court order
- Minimum award ordered to be paid out outset
- Courts cannot second guess diplomatic activities
