The question of when a binding contract is formed has been re-examined in the recent case of Global Asset Capital v Aabar Block, where Global tried to enforce an oral deal surrounded by written communications which did not make the terms of the agreement clear. The case is a useful reminder of the importance of clear and consistent communications when you are negotiating, and the need for certainty when forming a contract.
The English High Court is a popular and well respected venue for the resolution of international disputes. From a claimant’s perspective, it allows the possibility of various funding models and the ability to recover costs from the losing party.
Authors: Kevin Yehezkiel (Associate) & Reynalda Basya Ilyas (Associate)
On 30 December 2016, the Singapore International Arbitration Centre (“SIAC”) announced the issuance of the 1st (first) edition of its Investment Arbitration Rules (“Investment Arbitration Rules”), which came into force on 1 January 2017.
Contact: Antony Morris
COURTS SUPPORT ENFORCEMENT OF NON-COMPETE COVENANT AGAINST DEPARTING EMPLOYEE
The recent interim judgment of the High Court in the case of Ropner Insurance Services Limited -v- Wood and Clearwood International Limited has emphasised once again that courts are willing in appropriate cases to grant injunctions to prevent employees breaching restrictive covenants. Although interim injunctions are intended to hold the position until a final decision of the court is made, in practice they can signal the end of the case, as the ex-employee is then prevented from competing and left without resources to fight the litigation. As a result, such orders can be extremely powerful weapons for employers. However, enforcing restrictive covenants through the courts is not straightforward: they need to be drafted very carefully to ensure that they go no further than is necessary to protect the employer’s legitimate business interests.
Useful guidance has been given by the courts on the management of procurement challenges where the complaint relates to the tender documents themselves.
Bidders involved in regulated tenders have only a 30 day period in which to bring legal proceedings alleging a breach of the Public Contracts Regulations 2015 (the Regulations). In the case of challenges to the design of the tender, this usually means that proceedings must be issued before the outcome of the tender is known. This can present unique case management difficulties for the courts.