Before you take the plunge. Life after breach - Part 4. It wasn't me

Could you be held liable for the fraudulent actions of another? If you are an employer and one of your employees is involved in fraudulent activities, then yes.
 

Before you take the plunge. Life after breach - Part 3. Great expectations?

What happens if one party to a contract fails to perform? Can the innocent party get all of its losses back? What happens if the losses are difficult to prove?

Before you take the plunge. Life after breach – Part 2. Frustration and force majeure

Contracting parties are required to keep their bargains. The fact that performance subsequently becomes more difficult or less profitable does not excuse them from liability.

Before you take the plunge. Life after breach - Part 1. Excluding liability

What's the first thing lawyers turn to when reviewing a commercial contract, and invariably one of the last issues to get resolved? The exclusion of liability clause.

Before you take the plunge. International arbitration - Part 4. Making claims pay: the enforcement of arbitral awards in international disputes

One of the key advantages of resolving an international dispute through arbitration, rather than court proceedings, is that it is often easier and quicker to enforce an arbitral award than a court judgment.

Before you take the plunge. International arbitration - Part 3. First come, first served? The court's views on anti-suit injunctions

In this, the third part of our mini series on international arbitration, we look at when parties might issue proceedings in their home courts, and what the options are if they do.

Before you take the plunge. International arbitration – Part 2. Which rules? Which venue?

Parties agree to use arbitration as their chosen method of dispute resolution either by an arbitration agreement in relation to future disputes or by a submission agreement once a dispute has arisen.

Before you take the plunge. International arbitration - Part 1. The pros and cons of international commercial arbitration

In this, the first part of our second 'before you take the plunge' mini series, we look at the pros and cons of international arbitration, including flexibility, privacy and confidentiality, pre-emptive remedies, speed and cost.

Before you charge in - part 6. Dispute resolution clauses – one size does not fit all

In this the sixth part of our 'before you charge in' series, we set out the broad features of the main dispute resolution methods and the situations in which they may be appropriate.

Two contracts, two clauses - what happens?

On 12 February 2010, the English Commercial Court handed down a helpful judgment in Norscot Rig Management PVT Limited -v- Essar Oilfields Services Limited.

Words, words, words: the use of general words to incorporate arbitration provisions

In Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. v Sometal S.A.L., Mr Justice Christopher Clarke considered whether the use of general words of incorporation were capable of incorporating an arbitration clause into the parties' agreement.

Where litigation meets arbitration: freezing legal proceedings

The High Court has held that it has no power under section 33(2) of the Supreme Court Act 1981 or rule 31.16 of the Civil Procedure Rules to grant pre action disclosure where the relevant agreement between the parties was subject to an arbitration clause.

Arbitration agreements - wording required to exclude a right of appeal on a point of law

A recent decision in the Commercial Court considered the extent to which the words "final, conclusive and binding" can be construed as excluding a right of appeal on a point of law under section 69 of the Arbitration Act 1996 ("the 1996 Act").

The pros and cons of different methods of dispute resolution: a run round the bay

With a plethora of dispute resolution methods available, selecting the right one can be difficult and the implications may be significant.

London calling? - ECJ judgment delivered in West Tankers

The European Court of Justice has now delivered its decision in Allianz SpA v West Tankers Inc. It endorses the Advocate-General's Opinion.

Arbitration Agreements - are they as secure as you think they are?

Much is often made about arbitration as a preferable alternative to litigation as a form of dispute resolution. Its confidentiality, its flexibility and the relative ease with which arbitration awards can be enforced abroad are some of the cited benefits.

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Arbitration appeals - (how to avoid) washing your dirty laundry in public

One of the long established advantages of arbitration over the use of courts to decide disputes is that the arbitration process is private and the eventual award is confidential to the parties involved.

Two important issues affecting you

Our legal experts tackle two important issues concerning arbitration and exclusion clauses. Can you afford not to read on?