DAR AL ARKAN REAL ESTATE DEVELOPMENT CO & ORS V AL REFAI, KROLL ASSOCIATES & ORS

DAR AL ARKAN REAL ESTATE DEVELOPMENT CO & ORS V AL REFAI, KROLL ASSOCIATES & ORS

December 20 2013

In early October 2013, Kroll issued contempt proceedings against both Claimants (a listed Saudi Arabian property development company and a Bahraini based investment bank) and one of their senior executives (Sheikh Abdullatif) in its on-going litigation with the former. Kroll applied for a declaration that the Claimants are in contempt of court by reason of their breach of an order of the Court and undertaking...

COURT OF APPEAL STRIKES DOWN WPP'S CLAUSES AS PENAL

COURT OF APPEAL STRIKES DOWN WPP'S CLAUSES AS PENAL

December 05 2013

In February 2008 Mr Talal El Makdessi, a key figure in the Middle Eastern advertising and marketing world, sold part of his advertising group to WPP, retaining a 20% shareholding. The sale and purchase agreement (SPA) contained extensive restrictive covenants prohibiting Mr Makdessi from competing with the group following the sale (the Restraints). The purchase consideration was to be paid to Mr Makdessi...

THE KAPLAN LECTURE 2013 BY THE HON. JAMES SPIGELMAN QC

THE KAPLAN LECTURE 2013 BY THE HON. JAMES SPIGELMAN QC

November 28 2013

The Centrality of Contractual Interpretation - A Comparative Perspective by The Hon. James Spigelman QC Hong Kong, 27 November 2013 A copy of the lecture is available here

COURT OF APPEAL RULING ON SCOPE OF JURISDICTION CLAUSES IN CONTEXT OF CARTEL DAMAGES CLAIMS

COURT OF APPEAL RULING ON SCOPE OF JURISDICTION CLAUSES IN CONTEXT OF CARTEL DAMAGES CLAIMS

November 20 2013

Yesterday the Court of Appeal handed down judgment in Ryanair Limited v Esso Italiana Limited [2013] EWCA Civ 1450. This decision is the first appellate authority to examine whether a claim for breach of competition law is within the scope of a contractual jurisdiction clause. Ryanair’s claim arose out of a ruling by the Italian competition authority in June 2006, by which it had ruled...