Walford v Miles [1992] 2 AC 128

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 …

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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 …

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Lockout Agreements: Worth the wait?

Ruth Atkins asks whether exclusivity agreements are worth the effort, or whether they simply serve as a distraction from negotiating the main transaction ‘A lockout agreement does not oblige either party to complete the sale (or letting)… there is nothing to prevent the seller from simply ‘sitting out’ the agreement and then dealing with a …

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