Inflation Reduction Act
Legal Professional Privilege: The New Status Quo
Legal professional privilege (“ LPP ”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and its client. As a concept understood, in one form or...
Does the Prevention doctrine thwart contractually allocated Concurrent Delay risk? The English Court of Appeal says not
Energy sector participants will be familiar with the law of physics that states energy is neither created nor destroyed but can be converted from one form into another. Fossil fuels in the ground contain chemical energy and air currents in...
IMPLIED TERMS: Fairness in hindsight is insufficient
The Court of Appeal’s judgment in Bou-Simon v BGC Brokers LLP [2018] EWCA Civ 1525 reaffirms the law on implied terms. The Court also offered some interesting non-binding views on the circumstances in which words deleted from a draft contract...
Risky Business, Voldemort and Force Majeure: The Tale of the West Leo Rig
With apologies to movie fans everywhere, this briefing has nothing to do with Tom Cruise’s 1983 comedy or the Harry Potter films. Rather, it actually concerns the recent English High Court decision in Seadrill Ghana Operations Limited -v- Tullow Ghana...
Worthier Horizons: The UAE's New Federal Arbitration Law
Almost 12 years after it acceded to the New York Convention, the UAE’s new Federal Arbitration Law came into effect on 16 June 2018. Closely based on the UNCITRAL Model Law, it is widely regarded amongst the international arbitration community...
Paper Beats Rock! The UK Supreme Court rules on the efficacy of 'No Oral Modification' clauses
The UK Supreme Court opinion in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 marks a step change in English law’s treatment of ‘No Oral Modification’ (“ NOM ”) clauses. The Court opined that English law...
When is a Seat not a Seat? English High Court grants anti-suit injunction preventing the challenge of an arbitral award in Pakistan
The recent English High Court decision in Atlas Power Ltd -v- National Transmission and Despatch Co Ltd [2018] EWHC 1052 concerns a number of power purchase agreements entered into by Pakistani independent power producers and the national grid company of...