Dispute Resolution Update - July 2018

Articles in this edition

Supreme Court upholds requirement to record variations in writing

Rock Advertising Limited v MWB Business Exchange Centres Limited is an important case. In fact, the opening paragraph of Lord Sumption’s judgment describes it as an “exceptional” appeal, raising “truly fundamental issues” of contract law - Read more

Supreme Court delivers key judgment on the availability of Wrotham Park “negotiating” damages

The Supreme Court has considered an important question in relation to damages. In what circumstances can damages for breach of contract be assessed by reference to the sum the claimant could hypothetically have received, known as Wrotham Park damages, in return for releasing the defendant from the obligation he had failed to perform? - Read more

Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud

One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances - Read more

Court implies duty of good faith in “relational” contract

The courts may be more willing to imply a duty of good faith into joint venture agreements, following a recent High Court case - Read more

You’ve started – so you’ll finish

Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention - Read more

Client Guides

Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction - Read more

Legal Professional Privilege - Read more