Bird & Bird's Disputes Round Up - December 2022
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A summary of key legal updates which may impact in-house counsel teams.
In this edition we consider some important judgments which will be of interest to those drafting commercial contracts. These decisions look at contractual rights in relation to termination provisions, exclusion clauses and force majeure. We examine a decision which protects confidential information overheard during a business meeting and discuss some important developments regarding the enforcement of judgments in the EU, reform of the Arbitration Act 1996 and the continuing implementation of the Consumer Redress Directive in the EU.
Click on the links in the Index below to jump to the articles you are interested in.
Please get in touch if you have any questions or would like further information on these topics.
Index:
- Contracts: Termination, Exclusion Clauses and Force Majeure
- Protecting Confidential Information
- Arbitration: Reform and Appointing an Arbitrator
- Consumer Class Actions
- Enforcing Judgments in the EU
- Commercial Agents
Contracts
English Court of Appeal overturns controversial decision on wasted expenditure
Jonathan Speed and Rachel Glass
An event of force majeure set out in the contract can be overcome by non-contractual performance
Jonathan Speed and Louise Lanzkron
Be wary of time-barring your rights of contractual termination
Nicola Conway
Protecting Confidential Information
Restraining disclosure of overheard private, business conversations – Eavesdroppers beware!
Bryony Hurst and Prashant Kukadia
Arbitration
England & Wales Law Commission consults on reform of the Arbitration Act 1996 with proposals intending to support London’s leading role in international arbitration
Nick Peacock and Louise Lanzkron
Appointing an arbitrator? The English court signals the need for “clear and unconditional” acceptance or a willingness to accept (ARI v WXJ [2022])
Nick Peacock and Prashant Kukadia
Consumer Class Actions
In preparation for the new Collective Redress Directive our dispute resolution lawyers have created some tools to help
Bryony Hurst, Evelyn Tjon-En-Fa and Louise Lanzkron
Enforcement of Judgments in the EU
Impact of the EU acceding to The 2019 Hague Judgments Convention
Nick Peacock, Evelyn Tjon-En-Fa, Djazia Tiourtite, Alfonso Carrillo Cano, Dr Benedikt Burger, Jonathan Ellis and Louise Lanzkron
Commercial Agents
Commercial agents: ECJ examines the right to commission on repeat transactions or to an indemnity on termination
Victoria Hobbs and Matt Pack