This decision by the High Court of Australia highlights the importance of carefully drafting reasonable endeavours clauses. Where it is commercially acceptable, it would be prudent for an obligee to seek to include express, specific and objective boundaries on the obligor's conduct.
A short article on the dominant purpose test, focused on the change in evidential burden on parties after the decision in Tchenguiz v. SFO.
A review of the use of arbitration in the Brazilian power sector in light of Law No. 10,847 and Law No. 10,848 of 15 March 2004.
This briefing considers the areas of the judgment that are likely to invite challenge on appeal and the practical points to take from the judgment on the assumption that it is upheld.
Arbitration has a long history in the Kingdom of Saudi Arabia. It has been used for centuries under Shari’ah law in the Kingdom. However, foreign investors in recent years have experienced difficulty in using arbitration in the country. Saudi Arabia has therefore enacted a new arbitration law that is an improvement over the thirty-year old arbitration law that it replaced. The new arbitration law is based on the UNCITRAL Model Law on International Commercial Arbitration but with modifications to ensure that the arbitration process does not ‘violate Shari’ah’ as practiced in the Kingdom. The article reviews the important components of the new arbitration law and provides a comparative analysis of it to the previous law and international arbitration practice. It also analyses the recognition and enforcement of international arbitration awards in Saudi courts, including the impact of Shari’ah and the new arbitration and enforcement laws. Finally, it provides a narrative on the Saudi court system and its role in arbitration.
The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of our country in the trial of civil cases.
This article offers some considerations for manufacturers and distributors with products in Ontario and some practical suggestions for managing and avoiding expensive and reputation or relationship damaging product liability claims.
This report provides an overview of the International Chamber of Commerce (ICC) for corporate counsel, cross-border legal practitioners and business people.
This is a by-the-numbers look at GM's ignition switch problems.