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Searching Content indexed under Contracts and Commercial Law by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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1
Wuhan Intermediate People's Court Recognises A US Court Judgment – Breakthrough In Cross-Border Litigation?
The judgment, delivered on 30 June 2017, signals an important shift in Chinese judicial attitude towards foreign judgments.
China
10 Jan 2018
2
Third Parties Who Funded 'Opportunistic' Claim Liable For Indemnity Costs
The Court of Appeal has upheld a judge's order imposing indemnity costs on third-party funders.
UK
25 Oct 2017
3
Notice In Russian Is ‘Proper Notice'
The Claimant based in Russia contracted with the Respondent to supply materials for the repair of a furnace.
UK
24 Oct 2017
4
Adjudicators’ Fees: Money For Nothing?
We reported on the case of Systech v PC Harrington, a TCC judgment where Mr Justice Akenhead (the judge in charge of the TCC) held that an adjudicator was entitled to be paid his fees (calculated on an hourly basis), despite the fact that his decision was unenforceable.
UK
26 Oct 2012
5
CRC Rules On Contracts Regulated By The Electronic Communications Act
The Communications Regulation Commission has announced its position on distance sale and standard terms contracts agreed under the Electronic Communications Act.
Bulgaria
24 Oct 2012
6
High Court Warning To Online Traders: Make Sure Your Terms Are Binding And Fair
The recent High Court case of Spreadex Limited v Colin Cochrane [2012] is a stark reminder to online traders, and indeed to other businesses, to exercise caution when imposing liability on consumers in contracts.
UK
29 Jun 2012
7
Court Of Session Disapplies The "Last Shot" Doctrine
The Scottish case of Specialist Insulation Ltd v Pro-Duct (Fife) Ltd [2012] CSOH 79 is one of the latest to consider contractual interpretation and provides a view on recent English judgements on the "battle of the forms".
UK
25 Jun 2012
8
Settlement Agreements: Excluding Liability For Defects
A judgment delivered on 23 April 2012 stated that in a Settlement Agreement, inclusion of the phrase "full and final settlement in respect of any and all outstanding matters" was, on the facts, sufficient to exclude liability for defects.
UK
12 Jun 2012
9
New Procedure For The Execution Of Agreements With State-Controlled Companies
On 11 April 2012 the Cabinet of Ministers of Ukraine (CMU) adopted the Procedure for the Execution of Joint Activity Agreements ("JAAs"), Commission or Agency Agreements and Property Management Contracts by Companies, Enterprises, Organisations and Business Entities in Which the State Holds More than a 50% Stake (hereinafter – the "Procedure").
Ukraine
25 May 2012
10
Good Faith Obligations In Long-Term Contracts
Good faith obligations are more and more common within English contracts, despite there being a general uncertainty over what this obligation entails and what responsibility it places on those parties who sign up to it.
UK
18 Apr 2012
11
Shoulda, Woulda, Coulda: Rights Of Termination For Unknown Breaches Of Contract
termination of contracts for breach is a notoriously complex area of the law.
UK
16 Apr 2012
12
Green Light To Adjudicator Shopping And Draft Decisions
Adjudicator shopping can take a number of forms, the most overt of which is a construction contract naming an adjudicator.
UK
5 Jan 2012
13
Public Bodies Escaping Liability
The past few years have seen a considerable growth in contractual arrangements between the public and private sectors in the Real Estate industry.
UK
20 Dec 2011
14
Surveyors' PI – Scope Of Duty Of Care
A recent case provides a reminder about the limited scope of a surveyor’s duty of care in tort to a prospective purchaser in certain circumstances.
UK
16 Dec 2011
15
End Of Ban Limitation Of Liability In Commercial Contractual Relations
Hidden between the lines of the Amendments to the Commercial Code, which will become effective from 1 January 2012.
Czech Republic
14 Dec 2011
16
Expert Determination In Construction Contracts
"Expert determination" can refer to a broad range of decisions – binding or non-binding – made by a third party.
UK
17 Oct 2011
17
Warning To Membership Traders As High Court Rules That Terms In Gym Contracts Are Unfair
Mr Justice Kitchin’s ruling in the case of Office of Fair Trading v Ashbourne Management Services Ltd and others [2011] EWHC 1237, which found that certain gym membership contracts contained unfair terms within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999, has opened the door on assessments of the fairness of minimum membership periods.
UK
12 Jul 2011
18
Entire Agreement Clauses: Hear No Evil, Speak No Evil
In a recent Court of Appeal decision the court considered whether an entire agreement clause prevented a party from relying on misrepresentation as a defence to a claim for payment, and whether such a clause was reasonable for the purposes of the Unfair Contract Terms Act.
UK
5 Apr 2011
19
Concurrent Delay: City Inn Snubbed
The decision of the Scots Inner House in July last year dismissing appeals in the City Inn litigation has provoked considerable debate.
UK
15 Feb 2011
20
15% p.a. Interest Clause Held To Be A Penalty And Not Enforced
At the end of 2010 the High Court in Northern Ireland declined to enforce a clause providing for interest to accrue on unpaid monies at 15% per annum.
UK
10 Feb 2011
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