- June 16, 2017
Contractual interpretation: the role of contra proferentem and other principles
It seems as if there has recently been a glut of upper court decisions on contractual interpretation. In Persimmon Homes Limited v Ove Arup & Partners Limited the principle of contra proferentem and the guidelines in Canada Steamship Lines Ltd v The King came under scrutiny.
- March 31, 2016
Arbitration, litigation and the growth of the common law
In the recent BAILII Lecture 2016 the Lord Chief Justice (LCJ) called for a rebalancing of the relationship between arbitration and the courts. The LCJ’S primary concern was that the present turning which the law had taken in 1979 and the Nema Guidelines, largely embedded in the Arbitration Act 1996 (AA 1996), had stunted the … Continue reading Arbitration, litigation and the growth of the common law →