Considering the Rationale of Incorporating Force Majeure Clauses in Commercial Contracts Between the Parties to a Commercial Contract
Force Majeure clauses are often incorporated by practising lawyers (other than Counsels) as a matter of practice in drafting commercial contracts, be they domestic or transnational, apparently without realising that...Read more
Evaluating the Role of Negotiations in the Alternative Dispute Resolution System
Although English courts, in general, have been encouraging Alternative Dispute Resolution (ADR) in all its forms, the lawyers’ community in England and Wales, it is believed, would appreciate that the...Read more
Bilateral Investment Treaties and Amendments to the corresponding Private Investment Contracts are Long Overdue: They Fail to Cater for the Interests of Both Investors and Beneficiaries
Revised policies for drafting bi-lateral investment agreements and investment contracts as products of these agreements are long overdue. By the same token, a reflection on the attitudinal changes on the...Read more
When a Settlement Agreement May Unsettle Everything
Manifold are the functions of law; one of the functions of law practitioners is to guide their clients in their best interests bearing in mind that clients know their cases...Read more
CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC
How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries
Interestingly enough, despite the fact that over the years the English Courts have handed down a considerable number of judgments on the issue of the extent of liabilities that a...Read more
Decisions of ICSID Tribunals on Procedural Issues may not be confused with their Awards
The fnality of arbitral awards rendered by tribunals constituted under the International Convention on Settlement of Investment Disputes (ICSID), 1965 have on many occasions been misconceived. ICSID awards can be...Read more
Recognition and Enforcement of Arbitral Awards: How Effective is Article V of the New York Convention of 1958?
It is precisely fifty-eight years ago that the Convention on Recognition and Enforcement of Foreign Arbitral Awards (otherwise known as the New York Convention) was concluded. Since then the global...Read more
