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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