In the crosshairs: Ashley & Martin required to refund consumers as a result of unfair contract terms

The concept of fairness in trade and commerce has been a recent focus for Australian Courts and regulators alike. The recent decision on relief in ACCC v Ashley & Martin Pty Ltd (No 2) [2019] FCA 1739 is particularly noteworthy for two reasons. First, ...

05 November 2019

Failure to set aside an arbitral award on the basis of a novated expired contract (BXH v BXI)

Arbitration analysis: What happens to an arbitration clause upon the expiration of the main agreement and where parties continued to perform the contract as if it had not expired?

25 September 2019

The language of the proceedings in arbitration

The following elaboration by our Partner Dr. Jiri Jaeger and Counsel Michael Zavodsky, both members of our international practice group Dispute Resolution, on the subject of the language of proceedings in arbitration deals with procedural issues and provides ...

17 September 2019

Solving Consumer Disputes after a 'no deal' Brexit – Changes to your T&C's

As part of the Government's efforts to help businesses prepare for the possibility of the UK exiting the European Union without a deal on 31st October 2019 it has recently published a paper entitled Consumer rights and businesses: changes after Brexit. The ...

17 September 2019

Digital market place regulatory environment in flux: What the Amazon decision can tell us about France’s regulatory environment for P2B players

In its judgment produced on the 2 September, the commercial court of Paris considered that a dozen clauses of the general terms and conditions of use imposed by Amazon on its partners to be particularly imbalanced, and that they therefore did not comply with ...

05 September 2019