Monde Petroleum SA v Westernzagros Ltd [2015] EWHC 67 (Comm); [2016] EWHC 1472 (Comm); [2018] EWCA Civ 25 – Law Journals

Construction: Dubious drafting

Sapna Garg examines a recent case on contractual interpretation ‘What can we take from this case? It is a trite point, but surely there is no clearer illustration of how failing to draft a contract clearly and unambiguously can land the parties in a lengthy and costly dispute.‘ At the start of a new business …

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Contract: Making your mind up

Tom Whittaker weighs up the judicial scrutiny of contractual discretion ‘Historically, the court has required only that the relevant decision be made without arbitrariness, capriciousness and irrationality. More recent cases, however, suggest that the court may also require that the decision be reasonable.’ Contracts often confer obligations to make decisions, exercise discretion or form opinions …

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Remedies: Telling tales

David Williams reports on a recent judgment on misrepresentation ‘In order to establish that WZL was legally responsible, Monde had to show that WZL either actually authorised Bafel to make the representations, or by its words or conduct represented or permitted it to be represented to Monde that Bafel had that authority.’The High Court recently …

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Jurisdiction: Games without frontiers

Jamie Curle and Camilla Macpherson provide some pointers on drafting jurisdiction clauses from recent case law ‘The English courts will seek to give effect to the parties’ agreement on jurisdiction in the absence of strong reasons for departing from that agreement.’ As deals become ever more complex and global, the courts are increasingly being asked …

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Jurisdiction: Trust in Fiona Trust?

Davina Given and Ed Holmes report on recent developments in the Court of Appeal ‘Based on detailed analysis of both the terms of business agreement (ToBA) and the framework agreement, the Court of Appeal held that AmTrust had shown… that the arbitration clause in the framework agreement did not extend to matters subject to the …

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