Shipping Bulletin - August 2011

Covered in this issue:

• Arbitration
• • The Commercial Court considers the exceptional circumstances in which the English
    court may grant an injunction restraining an arbitration with a foreign seat
  • Commercial Court confirms that factual issues can be determined in the context of
    an application under Section 66 of the Arbitration Act 1996
• Civil Procedure
• • Court of Appeal considers whether it has the power to extend time and grant relief
    from sanctions in relation to a consent order
  • Court of Appeal considers whether it is appropriate to stay proceedings concerning
    the interpretation of an agreement pending expert determination under that agreement
  • Court of Appeal allows a party to rely on an argument on appeal which was pleaded,
    but not relied on, at first instance
• Contract
• • High Court considers the contractual duty of good faith
  • High Court rules that a side letter was not enforceable as a legally binding contract,
    rather it was an agreement to agree
  • Where a Defendant has agreed to indemnify a Claimant in respect of actual liabilities,
    the Defendant is not estopped from challenging the existence or amount of the
    Claimant's liability to a third party
• Costs
• • Court of Appeal considers the relevance of set-off of a foreign judgment against
    an English costs order in an application for security for costs

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RS Shipping Bulletin - August 2011 [170kb]

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