Skip to main content

Clifford Chance

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
Download PDF