Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) – Law Journals

ADR: Once more unto the settlement

Eleanor Scogings assesses the relationship between mediation and litigation ‘The CEDR rules provide for the selection of the mediator and a court could determine by reference to objective criteria whether the parties had engaged in mediation and whether the dispute remained unresolved.’ In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019], the High …

Continue reading "ADR: Once more unto the settlement"

This post is only available to members.

Contract: Gotta have faith

In the second of two articles, Chris Parker, Gregg Rowan and Nick Pantlin look at the judicial implication of a duty of good faith ‘The precise formulation of the duty differs between cases, but the essence seems to be a requirement to exercise the discretion honestly and in good faith, and not to act in …

Continue reading "Contract: Gotta have faith"

This post is only available to members.

Negotiation: Cards on the table

Simon Lewis examines the duty of good faith in commercial contracts ‘The implication of a general duty of good faith is unlikely to arise where the contract under consideration is detailed, leaving relatively little scope or need for the implication of terms not already covered by existing contractual obligations.’English contract law does not like the …

Continue reading "Negotiation: Cards on the table"

This post is only available to members.

Construction Focus: Challenging arbitration awards

John Starr reviews the courts’ stance on such challenges, and considers the case law ‘Appeals under s69 are not as common as challenges under ss67 and 68 and are even less likely to succeed.’ No one likes to lose, which is why so many awards and decisions are challenged. This column has, on several occasions, …

Continue reading "Construction Focus: Challenging arbitration awards"

This post is only available to members.

Arbitration: Bound to be friendly

Daniel Kalderimis and Nicole Evans look at the enforcement of tiered dispute resolution clauses ‘In recent years, English courts have held that parties will be bound by agreements to mediate, provided the process is sufficiently certain.’In a departure from the orthodox English approach, the English High Court recently held that an agreement to participate in …

Continue reading "Arbitration: Bound to be friendly"

This post is only available to members.