London’s enviable position as the world centre for the resolution of shipping disputes owes less to maritime history than it does to the ability of English lawyers and judges to master the intricacies of international trade. That was certainly so in a case concerning a
Disputes concerning major construction projects can simmer on for years after they are completed and one of the great advantages of litigation is that it offers finality. In one case, the High Court achieved that end by awarding more than £1 million in damages to
Contract adjudicators only have jurisdiction to resolve disputes after the points in issue have crystallised. The difficulty of discerning exactly when that point has been reached was underlined by a High Court case concerning a delayed laboratory construction project. The main contractor engaged a subcontractor
Contract adjudicators offer a relatively speedy and cost-effective dispute resolution service, but it is vital to remember that their rulings are meant to be final and will generally be enforced by judges – whether they are right or wrong. The point was made by a
Paying for goods in advance inevitably involves an element of risk and, in the event of non-delivery arising from deceit, you should consult a solicitor without delay. In a case on point, a commodities company which was duped into pre-paying for thousands of tonnes of
Commercial arbitrators’ awards are meant to be final, rather than merely the opening salvo in full-blown litigation. A High Court ruling on a big money dispute concerning a Ukrainian gas field showed that challenging such awards is always an uphill task. A Texas-registered oil and
One of the reasons why English arbitration clauses are such a common feature of international shipping contracts is that, by requiring dispute resolution to take place in a respected and neutral forum, they discourage litigation from proliferating worldwide. The High Court made that point in
Commercial contracts usually provide that they are to be governed by the law of a particular country or state – but what happens if no such choice is explicitly made? The High Court tackled that thorny issue in a case concerning the overseas sale of
Enforcing payment of debts owed by foreign companies or individuals can present a major challenge, but English judges are adept at bringing pressure to bear. In a good example of that happening, the CEO of an overseas company received a stiff prison sentence for his
Commercial contracts mean what they say and judges will only imply terms into them if they are needed to achieve business efficacy or if their inclusion is so obvious as to go without saying. The High Court succinctly made that point in a case concerning
