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Weekly law digests

23 March 2018
Issue: 7786 / Categories: Case law , Law digest , In Court
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Arbitration

Jiangsu Shagang Group Co Ltd v Loki Owning Company Ltd [2018] EWHC 330 (Comm) [2018] All ER (D) 23 (Mar)

The appeal of the claimant company (JSG) against a preliminary finding of arbitrators in a shipping dispute succeeded. The arbitrators had found that there had been a valid arbitration agreement between the defendant owner and JSG. The Commercial Court held that the owner had not established that a guarantee by which JSG would guarantee the obligations of a third party had been properly authorised by JSG. Accordingly, there had been no valid arbitration agreement between the parties, and the arbitrators had lacked jurisdiction.

Contract

Lehman Brothers Special Financing Inc v National Power Corporation and another [2018] EWHC 487 (Comm) [2018] All ER (D) 85 (Mar)

The Financial List construed the close-out provisions in the 2002 version of the International Swaps and Derivatives Association (ISDA) Master Agreement in the course of proceedings brought by Lehman Brothers Special Financing Inc (LBSF) concerning the calculation of the close-out amount due following the collapse of Lehman Brothers,

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MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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