Clifford Chance
Contentious Commentary - March 2016
14 March 2016
The latest edition of "Contentious Commentary", a newsletter that provides a summary of recent developments in litigation. The newsletter is produced by lawyers in the litigation and dispute resolution practice at Clifford Chance.
This edition covers the following key issues:
- Standard form agreements are not standard written terms
- Limited obligations on SFO regarding privilege
- Exclusion clause means what it says
- Notes redeemable when they don't help pass stress test
- Directors must always act for proper purposes
- Mortgagees' duties limited
- New corporate register
- Enforcement of NY judgment refused
- Predictive coding applied to limit disclosure
- Use of ISDA Master Agreement makes swap enforceable
- Forum non conveniens applies between Scotland and England
- Public policy is limited in scope
- Arbitration may be obligatory
- Enforcement of BIT award allowed
- Party liable under foreign law joined to arbitration
- Not paying proper court fees is an abuse
- Misselling allegations do not defer all payments
- Shareholder can't claim for company's losses
- Banks' swaps misselling review not judicially reviewable
- Swaps misselling review imposes no extra duties to customers
