Commercial Dispute Resolution Newsletter - June 2017

Overview

Against the backdrop of recent world events, the English courts and arbitral institutions have remained busy. Parties whose ongoing business relations could be potentially affected by Brexit should review relevant agreements and take appropriate action. The Supreme Court recently confirmed the correct approach to contractual interpretation involves considering the text and the context though not negotiations leading to the agreement. The Court of Appeal has repeatedly shown greater flexibility to the variation of agreements even for contracts which contain anti-variation clauses.  The English courts have also clearly set out the guidelines for banks in dealings with sophisticated commercial investors and what constitutes an unconscionable bargain. A number of disputes in relation to settlements have served as a useful reminder that parties must take as much care in identifying parties and claims when concluding proceedings as when commencing them. Some