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Penny Bygrave, solicitor at Bircham Dyson Bell LLP is warning businesses in the wake of Kingspan Environmental Limited & Others v Borealis A/S and Borealis UK Limited, to consider whether they have clarity on what law governs both contractual and non-contractual claims in an international contract as other legal systems may not provide the same protection to them as English law

Referring to existing authorities - Arnold v Britton [2015] AC 1619 and Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900 - and dismissing Mr Wood's appeal, the Court held that it is appropriate...