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The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) [...]

Williams v. VAC Developments Limited was a wrongful dismissal case where the employer counterclaimed against the laid off employee for defamation. The employee was the target of serious racially motivated [...]

When is a delay breach 'irremediable' for the purposes of contractual termination? Welcome to 'Insights from TCS v DBS' - a four-part series providing an in-depth look at the judgment [...]

EAT upholds tribunal decision that the belief sought to stir up hatred against Muslims The Equality Act 2010 protects religious beliefs, but protection also extends to philosophical beliefs which are [...]

Tasty Baking Company ('Tasty'), a manufacturer of prepackaged goods, terminated Distefano, Inc. ('Distefano'), Maryland-based owner of a franchise with rights to sell Tasty products in a prescribed area called a [...]

INTRODUCTION On 26 March 2021, Zhongshan Fucheng Industrial Investment Co. Ltd ('Zhongshan') obtained an arbitral award in the sum of about $USD70 million against the Federal Republic of Nigeria ('Nigeria'). [...]

Introduction In a recent judgment in EBIX Cash Pvt. Ltd. v. State of Maharashtra1, the High Court of Bombay ('Bombay High Court') addressed the scope of writ jurisdiction in contractual [...]

Introduction In Aspire 2 Life Pty Ltd v Ms Jessica Tidmarsh [2024] FWCFB 289, the former worker was granted standing to bring a claim under section 365 of the Fair [...]

In a stunning upset that has ignited hope for aspiring artists across India, Shehnaaz Gill has emerged victorious in a high-stakes contract dispute with a music company Simran Music. The [...]

A Mark Twain quip, 'A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain,' is [...]

A recent decision of the Supreme Court, subsequently upheld by the Court of Appeal, demonstrates the need for adjudicators to keep within the bounds of the submissions to ensure that [...]

The recent decision of Teo & Anor v Twyford bht Cunningham (No 2) [2023] NSWSC 1626 provides a useful reminder of the Court's approach to exercising its discretion to award [...]

Generally, if a landlord terminates the lease, such termination cuts off the landlord's damages at the date of termination. Therefore, if a landlord terminates the lease on January 1, 2023, [...]

The Court of Justice of the European Union (the 'CJEU') assessed the right of withdrawal from a contract concluded off-premises available to consumers in its preliminary ruling delivered on 17 [...]

Under Ontario's Rules of Civil Procedure, a party which commences an appeal of a Court Order for the payment of money is entitled to an automatic stay of any provision [...]

Since the 2018 amendments to Ontario's Construction Act1 (the 'Act') there has been little judicial discussion on what factors militate towards a finding of an 'abuse of process' under the [...]

In a rare move against long-standing precedent, the Bankruptcy Court for the Southern District of New York recently reversed course in its district on calculating allowed damages when debtor-tenants in [...]

The recent NSW Supreme Court decision in BCFK Holdings v Rork Projects provides useful guidance on important aspects of the critical milestone of valid service of claims under the Building [...]

The recent case of James Kemball Ltd v. 'K' Line (Europe) Ltd [2022] EWHC 2239 (Comm) serves as a useful reminder to give careful consideration to the effect of so-called [...]

Any default termination can be devastating for a contractor, especially an unwarranted one. Challenging a default termination can seem like a daunting, David versus Goliath endeavor, but recent cases out [...]

The B.C. Court of Appeal's recent decision in Spirit Bay Developments Limited Partnership v. Scala Developments Consultants Ltd., 2022 BCCA 407 highlights three important aspects of commercial arbitration appeals: First, [...]

INTRODUCTION: The Supreme Court in its decision in M/s Vaishno Enterprises v. Hamilton Medical AG & Anr.1, observed that the jurisdiction of the Micro, Small and Medium Enterprises Council ('the [...]

A contractual indemnification can require the losing party in a lawsuit to pay the winning party's full legal costs, the Alberta Court of Queen's Bench recently confirmed in Ruel v [...]

Precedential Federal Circuit Opinions 1. UNILOC 2017 LLC v. GOOGLE LLC [OPINION] (2021-1498, 2021-1500, 2021-1501, 2021-1502, 2021-1503, 2021-1504, 2021-1505, 2021-1506, 2021-1507, 2021-1508, 2021-1509, 11/4/2022) (Lourie, Dyk, Hughes) Dyk, J. Reversing [...]

Elon Musk's decision to lay down his sword and purchase Twitter allowed the Delaware Court of Chancery to resume its work out of the national spotlight. While we miss out [...]

In this update we discuss the English High Court's decision in Optimares S.p.A. v Qatar Airways Group Q.C.S.C. 1 (which was handed down earlier this month), which addressed principles of [...]

On September 20, 2022, the Québec Court of Appeal in the case of Air India Ltd. c. CC/Devas (Mauritius) Ltd., 2022 QCCA 1264 largely overturned the Superior Court of Québec's [...]

The Delhi High Court (the 'Court') in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce ('ICC') which had directed Antrix Corporation Limited [...]

The New South Wales Court of Appeal allowed an appeal by purchasers of a hotel affected by COVID-19 public health restrictions. The Court held that there was no frustration of [...]

New York City lost a court battle over its attempt to cancel the Trump Organization's contract to operate a public golf course in the Bronx after the riot at the [...]

Byline: FRANCES BULA; Special to The Globe and Mail VANCOUVER -- The Spanish engineering company that was terminated by Metro Vancouver in January as the builder of North Vancouver's wastewater [...]

A Hong Kong Court recently adopted a resoundingly pro-arbitration stance in a decision which emphasised the high thresholds of irregularity that would need to be established before an arbitration award [...]

What this Articles Discusses Termination for fundamental breach under DIFC Contract Law - failure to give notice of termination within a reasonable time - whether a reservation of rights extends [...]

INTRODUCTION In the case of Cars24 Services Pvt. Ltd. vs Cyber Approach Workspace Lip, the Hon'ble High Court of Delhi has set forth an important legal principle in answering the [...]

Universal Petro Chemicals Ltd v. B.P. PLC and Ors Civil Appeal Nos. 3127 and 3128 of 2009 Background facts A Collaboration Agreement was executed between Universal Petro Chemicals Ltd (Appellant) [...]

On March 29, the Delaware Court of Chancery ruled in the case, Golub CEE Investors, LLC v. GGH-RE Investment Partners, Ltd., et al. and Golub Gethouse Realty Co., LLC, C.A. [...]

After a recent large-scale development deal failed to close, the Ontario Superior Court provided guidance on how damages should be measured when commercial real estate transactions go wrong. The court [...]

A recent decision from the U.S. Bankruptcy Court for the Northern District of Texas illustrates that aggressive lender action can lead to 'lender liability' in a loan workout. Bailey Tool [...]

Every day across the country and around the world, businesses buy other businesses. Whether it's to expand business lines, form strategic partnerships, or manage growth, these deals happen. However, when [...]

On February 28, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Remington Development Corporation v ENMAX Power Corporation 2022 ABCA 71, denying the plaintiff's attempt to amend [...]

Supreme Court: once stamp duty has been paid, the issue of whether the stamp duty paid was insufficient or appropriate is a question to be answered at a later stage [...]

In a recent judgment in the case titled Universal Petro Chemicals Ltd. Vs. BP PLC and Ors.1, the Supreme Court, when considering an appeal relating to contractual disputes, refused to [...]

Plaintiffs and counterclaim-defendants Mrs. Fields Famous Brands, LLC ('Famous Brands') and Mrs. Fields Franchising, LLC ('Fields Franchising') appealed from the district court's order granting a preliminary injunction in favour of [...]

The difference between 'reasons' and 'finding' - defining scope of Court's interference under Section 34(4) of the Arbitration and Conciliation Act, 1996 I-Pay Clearing Services Pvt. Ltd. v. ICICI Bank [...]

INTRODUCTION The hon'ble Supreme Court of India in its judgment titled South Eastern Coalfields Ltd. and Ors. Vs. S. Kumar's Associates AKM (JV)1 examined a challenge against the judgment dated [...]

I.M. Wilson, is a Pennsylvania corporation which operates in King of Prussia in Pennsylvania and sells a variety of dance-related products, including ballet shoes and printed shoes. The founder of [...]

Hot on the heels of our last article (Playing by the Rules: COVID-19 and the Premier League) another judgment on contract law and sports media rights was handed down in [...]

In a recent decision, the High Court has held that a broadcaster was entitled to terminate a media rights agreement relating to premier club rugby union competitions in Europe as [...]