Sentences with phrase «commercial parties»

In recent years, it has become increasingly commonplace for commercial parties involved in complex commercial transactions to include an arbitration clause as their chosen dispute resolution mechanism within the terms of the contract.

The degree of certainty that could be expected was clearly lower, than if the court had been looking for an agreement between commercial parties.

The preamble to the protocols states that in order to cater to the needs of commercial parties wishing to benefit from an attractive judicial system, the use of the English language and oral witness evidence will be prominent.

There are some clear benefits which mandatory cost management will provide to assist commercial parties in disputes:

Lauma has also been involved with analysing, advising and publishing on the issues regarding the post-Brexit landscape for litigation and dispute resolution options for commercial parties in the UK and across the EU.

As Wendy Xiao Schadeck details, the internet was developed by a hodgepodge of researchers and nonprofits before commercial parties began building applications on it.

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

English courts have historically taken a restrictive approach to interpreting limitation clauses, however recently the courts have been more willing to recognise commercial parties» appetite to apportion the risk of loss as they wish.

France has thus taken a pragmatic approach to establishing a judicial forum which might attract international commercial parties concerned as to whether English judgments will remain as easily enforceable throughout the EU post Brexit.

So commercial parties get the warranties they negotiate and pay for, and that will be true whether or not there are legislated warranties, unless even businesses are not allowed to opt out.

The Supreme Court of Canada recognized that «Commercial parties reasonably expect a basic level of honesty and good faith in contractual dealings...» The court recognized and articulated a new duty upon contracting parties, holding that:

For the past 16 years, it has led the use of litigation finance as a tool to help commercial parties mitigate the significant risks and costs of commercial dispute resolution...

Requiring the adoption of the basic UN legislative texts on e-commerce will help harmonize the grounds on which e-communications can be given legal effect among commercial parties.

[71] Commercial parties in particular are urged to exclude «to the fullest extent» [72] the availability of appeal in their arbitration agreements and to fully embrace arbitral awards as final.

and should allow commercial parties to use TAR with confidence.»

While the developments which I propose will not completely address these problems, they will bring a measure of coherence and predictability to the law and will bring the law closer to what reasonable commercial parties would expect it to be.

While it is clear that all parties would rather avoid the costs associated with litigation, sophisticated commercial parties are perhaps less sensitive to the costs of pursuing their case or defending a claim where wider commercial interests are at stake.

Above all, the Arbitration Law is expected to provide greater certainty and assurance to commercial parties when choosing where to seat their proceedings, cementing the UAE as a desirable seat for regional arbitration.

Interim injunctions are frequently sought by commercial parties to prevent proposed transactions which are allegedly in breach of existing contractual obligations.

At issue here is a very straightforward point: do commercial parties really expect the markets in which they participate to behave rationally, and should the law encourage them to do this?

The Board of the Judicial Committee of the Privy Council (the «Board») considered that no statements or promises had been made that could lead to contractual liability or misrepresentation and suggested that in situations involving commercial parties dealing at arm's length, it would be extremely unusual for a duty of care to exist requiring a lender to disclose its internal lending policies.

Third, the current law is out of step with the reasonable expectations of commercial parties, particularly those of at least two major trading partners of common law Canada — Quebec and the United States.

Partner Caroline Kehoe and Senior Associate Anna Wren comment on these developments and predicted trends — focussing, in particular, on Dubai - and reflect on a number of key considerations for commercial parties.

Such issues come into play both in lawsuits involving government agencies directly and in disputes between commercial parties, such as subcontractors and prime contractors, in which the relationship derives from a government contract and its use of «flow - down» provisions.

There is a commercial party venue and a local private party scene.

a commercial party related directly or indirectly to the subject of this article.

Indeed, arbitration now seems to be commercial parties» first choice for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral awards, as well as confidentiality of arbitral proceedings.

If a commercial party enters into a bad bargain, he can not expect the courts to extract him from his obligation just because the outcome is unreasonable.

One of the challenges of building a parallel to the Sale of Goods Act for licences (or just extending the SGA to licences, either by legislation or by judicial interpretation — both have been done in the US) is that commercial parties are allowed to exclude the implied warranties.

The Court specifically rejected the argument that as a rule, commercial parties are not entitled to certificates of pending litigation.

Traditionally, commercial parties have preferred to opt for an arbitral seat in established jurisdictions, such as London or Paris.

We provide advice on specialist contractual drafting on licensing matters and complete negotiations with both commercial parties and regulators on behalf of our clients.

Counsel before the Paris Court of Appeal for a commercial party resisting a challenge to an arbitral award.

We then look at some practical aspects of mediation and dispute resolution from a lawyer's perspective, before summarising the ground - breaking Global Pound Conference (GPC) series which looks at all dispute resolution processes and how these can be improved for commercial parties.

In this case, the Minister of National Revenue sought to review legal advice that two commercial parties had shared with one another during negotiations.

Both commercial parties and public authorities come to Blakes for guidance on freedom of information legislation and its rules and implications.

The Supreme Court expressed the view that this new good faith duty, and the duty of honest performance, would accord with the reasonable expectations of commercial parties and would enhance commercial certainty.

In reality, commercial parties, not their lawyers, will drive such change.

The House of Lords» recent ruling in Yeoman's Row v Cobbe suggests that in commercial transactions the court will be reluctant to assist a commercial party who has failed to ensure his own protection by exchanging a valid contract.

A commercial party would not have expected it to do so.

Commercial parties and solicitors have long adopted a practice of billing to reflect the client's and other commercial requirements, for example to split profit costs from disbursements, or to bill discounted amounts on an interim basis pending success.