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The status of express obligations to negotiate in good faith
In two recent decisions, the courts have considered the enforceability of express contractual terms requiring a party to negotiate in good faith and, in …
Court of Appeal decision on best endeavours clause
By a majority, the Court of Appeal has held that an airport operator's obligation to use best endeavours to promote an airline's low-cost services gave …
MoJ's "Call for Evidence" re proposed Common European Sales Law
The Ministry of Justice has published a Call for Evidence in relation to the European Commission's proposals for a Common European Sales Law (see …
Recent case law on expert determination
There has been a spate of recent case law relating to expert determination. In this post James Farrell, Emily Lew and Michael Mendelblat consider three …
Eurozone crisis: economic challenges and legal risks
On 14 December 2011, Herbert Smith hosted a seminar to discuss the economic challenges and legal risks arising from the eurozone crisis, including …
House of Commons objects to proposed Common European Sales Law
The House of Commons has objected to the proposed Regulation to introduce a Common European Sales Law (see post) on the basis that it does not …
Dispute resolution clauses – lessons to be learnt from recent case law
On 23 November Murray Rosen QC, Matthew Weiniger and Pamela Kiesselbach held a webinar on "Dispute resolution clauses - how to avoid pitfalls" …
Webinar alert - Dispute resolution clauses: how to avoid pitfalls
On Wednesday 23 November Adam Johnson and Pamela Kiesselbach will deliver a live audio webinar exploring a number of practical issues to …
Supreme Court endorses commercial common sense as an aid to construction
On Wednesday 2 November the Supreme Court handed down a judgment with significant implications for how commercial contracts are construed: Rainy Sky SA …
Proposed optional Common European Sales Law
On 11 October the European Commission published its proposed Regulation on a Common European Sales Law (download pdf here), aimed at …
Article published on endeavours and good faith
Commercial contracts commonly require one or both parties to use "reasonable", "all reasonable" or "best" endeavours to achieve some goal, …
Exclusion clauses and deliberate repudiatory breach: NETTV reconsidered
In the recent case of AstraZeneca UK Limited v Albermarle International Corporation and another [2011] EWHC 1574 (Comm), the High Court has criticised …
Showing 348 out of 360 results
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